Chennai: The Madras high court has set aside the tender notification issued by the state government for the supply of polyester yarn for the production of Polycot Sarees and Polycot Dhotis under the cost free distribution of sarees and dhotis scheme Pongal 2018.
Justice M. Duraiswamy, however, said the authorities are at liberty to call for fresh tender in accordance with the provisions of the Tamil Nadu Transparency in Tenders Act, 1998.
The judge was allowing the petitions filed by T. Muruganantham, which sought to quash the tender notification dated June 22, 2017.
Petitioner contended that since the value of the procurement of polyester yarn exceeds Rs 50 crore, the tender should be published in the Indian Trade Journal but it was not done in this case.
The judge said admittedly, the tender notification was published only in the newspapers and in the State Tender Bulletin.
As per section 9 (3) of the Act, the tender inviting authority shall also publish the notice inviting tenders in the Indian Trade Journal and daily newspapers having wide circulation depending upon the value of the procurement prescribed.
Therefore, as per section 9 (3) of the Act and Rule 11 (1) of the Rules and also the G.O, if the value of the tender was more than Rs 50 crore, the tender notification should be published in the Indian Trade Journal.
Admittedly, the tender notification was not published in the Indian Trade Journal. The provisions of Section 9 (3) and Rule 11 (1) were mandatory and the said provision cannot be given a go by, by the authorities. “Since the tender notification has not been published as per the provisions of the Act, on this ground alone, the notification was liable to be quashed”, the judge added.
The judge said when the rules say that there must be 30 days time limit, it must be strictly adhered to, by the authorities, unless the superior authority gives sufficient reason for reducing the time as contemplated under rule 20 (2) of the rules.
The authority has not given any reason for reducing the time limit from 30 days, except that in the previous years also, the time limit was reduced.
