Mandatory bid fee compliance at tender entry stage upheld; late payment could not cure disqualification in judicial review.

Tender conditions requiring full bid document fee and EMD at the entry stage were treated as mandatory eligibility requirements in an e-procurement process, so bidders who failed to make timely full payment could be excluded. The Gujarat HC held that later cure of the defect and reliance on substantial compliance did not change the position, because judicial review in contractual matters is confined to cases of mala fides, arbitrariness, irrationality, perversity, or public interest injury. As no such infirmity was shown, the petitioners' disqualification was upheld and writ interference was refused.

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Issues: Whether the petitioners could be disqualified at the technical stage for not depositing the full bid document fee along with GST within the time prescribed by the tender conditions, and whether such disqualification called for interference under Article 226 of the Constitution of India.

Analysis: The tender documents and the e-procurement details treated deposit of the entire bid document fee and EMD as mandatory at the entry stage. The bidding process was electronic, and only those bidders who complied with the stipulated payment requirement were regarded as eligible tenderers whose bids could be opened and considered. The petitioners had not deposited the full amount within the prescribed time and sought to cure the defect later. The Court held that the employer was entitled to treat the requirement as an essential condition, and that judicial review in contractual matters is limited to cases of mala fides, arbitrariness, irrationality, perversity, or injury to public interest. No such infirmity was shown, and the petitioners' subsequent payment and reliance on substantial compliance did not alter the position.

Conclusion: The disqualification of the petitioners was upheld, and no interference was warranted in exercise of writ jurisdiction.

Ratio Decidendi: In tender matters, where the employer has prescribed a payment condition as mandatory at the entry stage, courts will not interfere with exclusion of a bidder for non-compliance unless the decision is shown to be mala fide, arbitrary, irrational, or contrary to public interest.

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