Chennai: The Madras high court has dismissed a petition from Hero Ecotech Ltd, which sought a direction to the state government to consider its bid submitted pursuant to a tender floated for supply of over 6 lakh bicycles for Tamil Nadu government's free bi-cycle scheme meant for school children.
Dismissing the petition filed by Hero Ecotech Ltd, which sought a direction to the state government to relax some of the minor rules of the tender and to accept its bid, Justice K. Ravichandrabaabu said the question of relaxation does not arise, while considering the technical qualifications notwithstanding the fact that the lapse is minor or major.
If a pre-condition is relaxed by considering the fact that the same is only nominal, the question next would arise is as to why not to relax the other condition for other person as well, which according to another bidder may be minimal and does not go to the root of the matter, the judge added.
The judge said a relaxation if given, without there being any specific clause for doing so in the tender document, it would be construed only as favourtism or discrimination, as similarly situated person would have not participated in the tender in view of such inability or inefficiency.
