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1 - 10 of 12 (0.29 seconds)Rajasthan Transparency in Public Procurement Act, 2012
Mr. B.S.N. Joshi & Sons Ltd vs Nair Coal Services Ltd. & Ors on 31 October, 2006
This Court also takes note of the judgments relied upon by
the appellant, including Poddar Steel Corporation (Supra) and
B.S.N. Joshi & Sons Ltd. (Supra); however, those authorities
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[2026:RJ-JD:9474-DB] (12 of 13) [SAW-1590/2025]
recognize relaxation only where the condition is ancillary or
directory in nature. In the present case, the requirement relating
to mode of submission of EMD forms part of the eligibility
framework ensuring financial seriousness and procedural
uniformity and therefore cannot be treated as a merely technical
or curable irregularity.
Section 6 in Rajasthan Transparency in Public Procurement Act, 2012 [Entire Act]
Vidarbha Irrigation Development ... vs M/S Anoj Kumar Agarwala on 23 January, 2019
Similarly, in Vidarbha Irrigation
Development Corporation (Supra), the Hon'ble Supreme Court
reiterated the limited scope of judicial review in tender matters.
6.6.
Central Coalfieds Limited vs Sll-Sml (Joint Venture Consortium) . on 17 August, 2016
6.4. The contention of the appellant that subsequent submission
of a Demand Draft prior to opening of the technical bid cured the
defect cannot be accepted. This Court finds that permitting post-
submission rectification of a mandatory tender condition would
amount to altering the level playing field amongst bidders and
would dilute certainty and discipline in public procurement.
6.5. This Court observes that the Hon'ble Supreme Court in
Central Coalfields Limited (Supra) has categorically held that
essential tender conditions must be complied with strictly and
courts should refrain from substituting administrative wisdom in
contractual matters.
Poddar Steel Corporation vs Ganesh Engineering Works And Others on 6 May, 1991
This Court also takes note of the judgments relied upon by
the appellant, including Poddar Steel Corporation (Supra) and
B.S.N. Joshi & Sons Ltd. (Supra); however, those authorities
(Uploaded on 06/03/2026 at 02:55:54 PM)
(Downloaded on 06/03/2026 at 09:50:00 PM)
[2026:RJ-JD:9474-DB] (12 of 13) [SAW-1590/2025]
recognize relaxation only where the condition is ancillary or
directory in nature. In the present case, the requirement relating
to mode of submission of EMD forms part of the eligibility
framework ensuring financial seriousness and procedural
uniformity and therefore cannot be treated as a merely technical
or curable irregularity.
Article 226 in Constitution of India [Constitution]
Section 4 in Rajasthan Transparency in Public Procurement Act, 2012 [Entire Act]
Bhati Construction vs The State Of Rajasthan on 17 February, 2021
"It is, therefore, most humbly and respectfully prayed that the
Special Appeal may kindly be allowed and the impugned order
dated 24.09.2025 passed by the learned Single Judge in S.B.
Civil Writ Petition No. 18160/2025 -- M/s Bhati Construction
Vs State of Rajasthan may kindly be quashed and set aside,
and the writ petition may kindly be allowed in the terms as
prayed therein.