VidhiSangh

Supreme Court of India · 27/03/2018

MUNICIPAL CORPORATION, UJJAIN & ANR. versus BVG INDIA LIMITED AND ORS.

[2018] 6 S.C.R. 861 · 2018 INSC 268

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court restored the Ujjain municipal waste-collection contract after finding that the High Court had improperly re-evaluated technical and financial bids. Judicial review did not permit appellate reassessment in the absence of arbitrariness, irrationality, bias, mala fides or perversity. An independently bidding company could not rely on an undisclosed third party’s experience, and the expert properly considered suppressed show-cause notices. As separately corrected, the Corporation and successful bidder appeals were allowed and BVG India’s appeal dismissed.

Issues

  1. Whether the High Court could substitute its own assessment for the expert tender evaluation.
  2. Whether an independent bidder could use a third party’s experience or withhold required performance information.
  3. Whether the High Court correctly recalculated financial scores and assessed the successful bidder’s certificate.

Held

Result

High Court judgment set aside and contract award sustained. As separately corrected, Civil Appeals 3330 and 3331 allowed; BVG India’s Civil Appeal 3332 dismissed. No costs.

Judgment PDF: Supreme Court of India, [2018] 6 S.C.R. 861.