Supreme Court Frowns Upon PIL Challenging Inter-Se Assessment Of Tender Bids

The case concerns a challenge to a High Court order that quashed a road construction award and directed a re-tender, with the Supreme Court examining whether such inter-se comparative assessment of tender bids can be raised in a Public Interest Litigation (PIL).

Who it concerns: Appellant: O.P. Mehta; Respondents: Mohinder Kalta & Ors.; Bench: Justices Dipankar Datta and Sheel Nagu.

What the court decided

• The Court expressed reservations about using PILs for inter-se comparative assessment of tender bids.
• The Court extended a period of three months for the appellant to complete the road construction work at the rates prevailing as on 15.03.2024.
• The official respondents are directed to verify the quality of the work executed.
• If the work is not completed within three months, the official respondents are directed to re-tender the work at the prevailing market rate.
• The interim order dated 07.03.2025 restraining the creation of third-party rights was modified to the extent indicated in this order.
• The matter is listed for the first week of December 2026 for the appellant to submit a compliance report.

Also in the document

• The Court noted that the PIL petitioner was the alter ego of the unsuccessful bidder who had previously withdrawn a complaint against the successful bidder.
• The Court noted that the cost of the work (Rs. 23 crores) was not of such magnitude to allow a plea of wastage of public resources in a PIL.
• The order governs Civil Appeal No.12969 of 2026 preferred by the State of Himachal Pradesh.