Indian Kanoon - Search engine for Indian Law

21. Further, in anatomising the issues that have reared their head in the instant case, this Court is mindful of the myriad stages and processes that a proposal passes through before coalescing into an NIT. Conscious of the acute necessity of a specific proposal, the tender inviting authority first conceives the project; then, it evaluates its logistical viability, and further enriched by the assistance of financial consultants and technical experts, the authority finally confects terms & conditions suitable for achieving the purpose of the project's initiation and for taking it to its logical end. It is after that painstaking odyssey of continual application of mind that the tender inviting authority arrives at its conception of the nature of the project, expectations from the party that would ultimately be awarded the contract etc., commensurate to the project and the authority's requirement. From that 19 of 43 vantage point, the authority examines the tenderers' bids, and takes a decision on which tenderer, on a relative basis, most appositely meets the requirements of the tender inviting authority. To adulterate that stream of decision making by interpolative interpretations (like the petitioner's argument of apportionment with reference to extent of shareholding) on the suggestion of a bidder, would in this Court's opinion be a constitutionally ill-suited coercive exercise.