MADHYA PRADESH HIGH COURT ISSUES JUDGEMENT ON SANJAY GRAIN V/S MADHYA PRADESH STATE CIVIL SUPPLIES

JABALPUR, India, Dec. 26 -- Madhya Pradesh High Court issued the following judgment/order on Nov. 26:

1. Petitioner impugns order dated 11.11.2025, whereby the bid of the petitioner has been rejected on the ground that the FRK sample not submitted as per tender norms. Learned counsel for petitioner submits that FRK sample was submitted in accordance with the tender specification on 13.10.2025 along with a covering letter dated 09.10.2025. He submits that despite the FRK samples having been submitted, petitioner was disqualified on that ground.

2. Notice was issue to the respondent. Learned counsel appearing for respondent has taken instructions and filed a preliminary enquiry report regarding submission of sample of the petitioner. The preliminary enquiry report suggests that sample was duly received in the office of the respondent however, the report states that the office building is a four storied building and the office of the bid inviting authority is on the second and third floor and the sample was delivered at the joint reception of all the floor which is at ground floor and it never reached the tender inviting authority and as such the tender was rejected.

3. Learned counsel for respondent submits that the petitioner has not submitted the FRK sample strictly in accordance with the tender condition and as such the same was rightly rejected. He further submits that the reception counter is only meant for providing information and help to the visitors and is not the reception counter for receipt of any FRK sample.

4. We are unable to accept the contention of learned counsel for respondent for the reason that the notice inviting tender specifically states the address of the respondent as under:-

"MADHYA PRADESH STATE CIVIL SUPPLIES CORPORATION LIMITED.

2nd Floor, Directorate of Social Justice and Disabled Welfare,

Patrakar Colony, Link Road No.3, Bhopal 462016"

5. The tender has been invited by the Managing Director, Milling on 01.10.2025. The FRK sample had to be submitted 48hrs prior to bid submitting date which was 25.10.2025 and the sample had to be submitted on or before 23.10.2025 at 05:00 pm. 6. Petitioner has placed on record the letter dated 09.10.2025 addressed to the Managing Director, Madhya Pradesh State Civil Supplies Corporation Limited (MPSCSCL) 2nd Floor, Directorate of Social Justice And Disabled Welfare, Partaker Colony, Link Road 3, Bhopal - 462016. The said letter specifically refers to the given tender document and also encloses two FRK samples, the letter also encloses a pay order which was mandated by the tender document.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WP/44550/WP_44550_2025_FinalOrder_26-11-2025_digi.pdf)

Disclaimer: Curated by HT Syndication.