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Showing contexts for: human errors in Stumpp Schuele Lewis Machine Tools Pvt ... vs Union Of India & Ors on 1 July, 2025Matching Fragments
39. The Petitioner has not disputed the minutes of the pre -trial meeting held on 24.02.2025 by BOOs for the second trial conducted at Kadarpur, Gurugram, Haryana on 25.02.2025 and 26.02.2025 and the results of the trial to the effect that Petitioner's Sniper rifles failed to comply the accuracy test at 400 mts. range during the trial.
Human error and environment conditions
40. In the considered opinion of this Court, the Petitioner's submission that its Sniper rifle's failure at the accuracy test for the 400 mts. range at the second trial held at Kadarpur, Gurugram, Haryana can be attributed as a human error and should therefore, entitle the Petitioner to a third trial cannot be a ground for challenging the rejection letter dated 27.03.2025.
The trial methodology agreed by all the bidders, mentioned at serial no. 6 of the minutes of the pre-trial meeting held at Kadarpur, Gurugram, Haryana sets out in detail the mode of checking accuracy of the Sniper rifles at the 400 mts. range. As per the said trial methodology, the Sniper in first attempt is allowed to fire five (5) rounds from a fixed-mount on a 4x4 target and the four (4) best shots are taken into consideration. The methodology agrees that if the Sniper fails to qualify in the first attempt [wherein the Sniper is allowed to fire five (5) rounds], the Sniper will be afforded two more attempts at the 400 mts. range in the same manner. Maximum three (3) attempts are permissible for each Sniper. In this case the Petitioner's Sniper was admittedly allowed three (3) attempts at 400 mts. range but he failed the accuracy test. In the considered opinion of this Court the provision for three (3) attempts in the trial methodology sufficiently accommodates and provides for the possibility of human error or the variable factors set out by the Petitioner in its letter dated 26.02.2025.
41. As noted above the trial methodology was first agreed on 13.01.2025 at Pune and thereafter, the trial methodology was partially modified on 24.02.2025 at Kadarpur, Gurugram, Haryana. The trial methodology was discussed and settled after deliberations with all the representatives of bidders and by the BOOs. The sufficiency of the trial methodology providing the Sniper three (3) attempts is not in dispute. Thus, the submission of the Petitioner that it is entitled to a third trial on account of human error fails to persuade this Court as a ground for quashing rejection letter dated 27.03.2025.