Tender Authority Cannot Impose Unstated Conditions Beyond NIT: Supreme Court

The Supreme Court set aside the disqualification of a bidder, holding that the tendering authority had exceeded its jurisdiction by requiring compliance with a condition not specified in the Notice Inviting Tender (NIT).

The case involved a Mandi Parishad tender for leasing a banquet hall, which demanded a ‘hasiyat praman patra’ proving a minimum worth of ₹10 crores.

The bidder’s certificate, issued by a registered valuer, was rejected for not being issued by a District Magistrate.

The Bench of Justices Surya Kant and Joymalya Bagchi held that the rejection was de hors the NIT and directed a fresh evaluation of the technical bid.

[Kimberly Club Pvt. Ltd. v Krishi Utpadan Mandi Parishad & Ors.]