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2020 (1) TMI 2

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..... heir tender form/ application in a particular manner, as reflected/required in terms of the tender notification and when such compliance has been made, it is not open for the authorities to reject the applications/bids for non-compliance of the condition(s) not mentioned or highlighted in the tender notification - In the present case, the tender notification required the petitioner to upload certain particulars in terms of condition No. 2 (v), which the petitioner has done, but, the respondents have rejected the tender application of the petitioner for not uploading the month-wise GST Clearance Certificate along-with the tender application, which condition was not specifically provided in the tender notification. Petitioner can only be e .....

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..... ids for providing flood protection work in Saryali Khad from Talai to Bagroo in Tehsil Jhandutta, District Bilaspur, H.P. Condition No. 2(v) of the said tender notification stipulates that the latest Income Tax Clearance Certificate and Sales Tax/GST Clearance Certificate along-with copy of PAN and copy of registration under H.P. Sales Tax Act 1968 and GST Act must be furnished/uploaded along-with the tender application. 3. The case of the petitioner is that he had complied with the said condition and uploaded all the requisite documents, as required in terms of Condition No. 2 (v) and (vi) and was eligible for consideration of his tender application, but, the same has been rejected by the respondents by referring the reaso .....

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..... General, while supporting the impugned action of the respondents in rejecting the tender application/technical bid of the petitioner, submitted that in terms of the tender notification, monthwise GST Clearance Certificate was required to be uploaded, but, the petitioner has not uploaded the same, hence, the respondents have rightly rejected the tender application of the petitioner. 7. We have heard learned counsel for both the parties and have gone through the record carefully. 8. It is worthwhile to record herein that the prospective bidders are required to furnish the relevant information/documents alongwith their tender form/ application in a particular manner, as reflected/required in terms of the tende .....

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