Janakalyana Parisada Vs State of Odisha and Others (Orissa High Court)
The Orissa High Court addressed a petition filed by Janakalyana Parisada challenging the disqualification of their bid in a tender process. The petitioner argued that the Notice Inviting Tender (NIT) was flawed because the tender was opened beyond the 180-day validity period stipulated in clause 2.6 of the NIT. They also contended that their disqualification, based on the cancellation of their GST registration, was misconceived, as they had submitted a valid GST registration number. The state, represented by the Additional Government Advocate, countered that the disqualification was justified because the petitioner’s GST registration had been cancelled, rendering them ineligible for the tender. The successful bidder, added as an opposite party, confirmed that an agreement had been executed after the work was awarded to them.
The court examined the validity of the tender process and the disqualification. Regarding the extension of the bid validity period, the court accepted the argument that the proposer could consent to extend the validity. In this case, the successful bidder had agreed to the extension. Concerning the GST registration cancellation, the court noted that the petitioner’s registration had been cancelled prior to September 20, 2024, as evidenced by FORM GST REG-17. The court interpreted the phrase “suo moto” in the disqualification letter as indicating that the taxing authority, a state entity, had cancelled the registration. Consequently, the court found no merit in the petitioner’s arguments and dismissed the writ petition, upholding the disqualification of the bid.
