decision is totally different, here it was
essential condition which has been violated.
Mistake as to essential condition could not
have been permitted ... condition of tender is not complied with, it
is open to the person inviting tender to
reject the same. Whether a condition is
essential
consequences, hence, the said clause has to be treated as an essential
tender condition.
30. The tender document prescribes a format for furnishing information related ... same. Therefore,
any bid submitted by tenderers which was not in conformity with the essential tender
condition could not have been accepted by the Evaluation
discretionary matter or non essential term of the tender conditions. On the contrary, it was absolutely essential condition of the tender document. It is nobody ... petitioner to produce such certificates if it is an essential condition of tender document. According to the learned Senior Counsel, such a certificate cannot
amounts to breach and
non-compliance of the essential condition of tender. It is also the
grievance of the petitioner that its representation informing respondent ... necessary significance. Given
the fact that in the present case, an essential tender
condition which had to be strictly complied with was not
so complied
this Court held:
“14. The law is settled that an essential
condition of a tender has to be strictly
complied with. In Poddar Steel Corpn ... necessary significance. Given the fact that in the
present case, an essential tender condition which had to be
strictly complied with was not so complied
compliance of a
condition in the notice inviting tenders is rejection of the
17
tender, then the condition is an essential condition of the
invitation ... cannot be treated to be in breach of the
essential term or condition of the tender documents. To hold
26
that the State
condition of tender is not complied with, it is open to the person inviting tender to reject the same. Whether a condition is essential ... only in respect of a procedural relaxation and no essential condition of the contract was thereby violated. It was argued that the respondent
other types of machines, from the tendering process. It is alleged that the insertion of the impugned condition is a deliberate attempt on the part ... specific machines or their parts in there manufacturing process, as an essential tender condition, is not only irrational, it is mala fide attempt
whether the condition stipulated in Clause 27 of the
NIT is essential or ancillary, subsidiary or non-essential
condition. The Clause in question pertains ... ancillary or non-essential condition.
A condition pertaining to work experience has always to be
treated as an essential condition because for awarding work
case , by not insisting upon the requirement in the tender notice which was an essential condition of eligibility, bestowed a favour ... decision is based on hypertcchnical approach by treating a non-essential condition of the tender notice as essential condition, such administrative decision shall be ceased
