RANCHI, India, Oct. 9 -- Jharkhand High Court issued the following order on Sept. 9:
1. The instant writ petition has been filed for the grant of following substantial reliefs:-
a. For Issuance of an appropriate writ, order or direction in the nature of certiorari quashing the impugned decision of the Respondent dated April 24, 2025 rejecting the Petitioner's bid in Notice Inviting Tender, bearing Tender No. "Hiring of HEMM for removal of 413.59 MCuM of OB (376.360MCuM Hard OB, 36.318 MCuM of Soft OB & 0.912 MCuM Top Soil), Extraction of 233.325 MT coal by Surface Miner & Transportation to Shivpur Siding and Surface Stockyard under different lead slabs and Wagon loading of 139.995 MT of coal at Shivpur Siding at Amrapali OCP, Amrapali-Chandragupt Area for a period of 07 years (Production period) and 360 days (Development period) (i.e. 2915 days)" dated December 05, 2024;
b. For direction upon the Respondent to consider the Petitioner's technical bid dated December 11, 2024 and permit Petitioner to submit a fresh financial bid on/before September 09, 2025 in the subject tender dated December 05, 2024.
2. It is not in dispute that the tender, which forms the subject matter of the instant lis, was the subject matter of lis of W.P. (C) No.3436 of 2025 filed at the instance of one M/s. AMPL-MIL JV. The said writ petition was allowed and the Letter of Acceptance dated 2nd of July 2025 and the Work Order issued by the respondent-CCL in favour of one Caliber (JV) (respondent no.6 therein) for the subject tender was set aside and the respondent-CCL was directed to invite a fresh tender for the same work and then take an appropriate decision in accordance with law.
3. The said decision was challenged by Central Coalfields Limited as well as Caliber (JV) (respondent no.6 therein) before the Hon'ble Supreme Court and the Hon'ble Supreme Court vide its judgment dated 11th August 2025 in Special Leave Petition (C) No.21278 of 2025 disposed of the Special Leave Petition with the following directions:-
"6. .......................... In the said circumstances, the following directions are issued:
i) A Floor Price / Discovered Price / Base Price - INR 7012,83,25,348.61 without GST & INR 8277,50,23,911.36 with GST (Price Quoted by Respondent No.2 (Current L-1 Bidder) shall be the benchmark.
ii) The total Number of Bidders who will be eligible to participate are the 9 Bidders who were technically qualified. The 9 Bidders shall be issued notice giving a time frame within which the bid is to be made.
iii) Applicability of APS will be as per Clause 4.6 of Service Level Agreement, which is currently scored out.
iv) Calculation of APS will be done on the basis of difference between Quoted Price and Reserve Price as per Clause 4.6 of Service Level Agreement, which is currently scored out.
v) All other Terms and Conditions in the Bid Documents will apply as it is.
vi) From the time Central Coalfields Ltd. gives Notice, fresh price bids, by technically qualified bidders only, can be submitted during the period as notified in the Notice.
vii) The Bidder discovered as new L-1 and others, if called upon, shall be obliged to provide detailed price analysis of its bid price in relation to scope, schedule, allocation of its risks and responsibilities as required under Clause 23.6 of the ATC. The Bidder awarded the work on failing to comply with the provision related to furnishing of APS, CCL will proceed to act as per the Terms and Conditions as provided in the Bid Documents."
4. It will be evident from the aforesaid directions that only 09 Bidders, who were earlier technically qualified, alone have been made eligible to participate in the tender process. It is also not in dispute that the petitioner is not one of those 09 Bidders whose bids have been found to be technically qualified and, therefore, its bid cannot be ordered to be considered that too contrary to the order passed by the Hon'ble Supreme Court.
5. Moreover, the petitioner despite the rejection of its technical bid on 24th April 2025 chose not to assail the said action of the respondent till the filing of the instant petition.
6. In view of the aforesaid, we see no reason to entertain this writ petition. Consequently, the same is dismissed.
7. There shall be no order as to costs.
8. All pending Interlocutory Applications shall stand closed.
Disclaimer: Curated by HT Syndication.
