GVR INFRA PROJECTS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner impugns a communication dated 11.11.2014 issued by respondent no.2 (hereafter referred to as the "impugned communication") whereby the petitioner was informed that its financial bid submitted for securing the contract in question had not been opened. The petitioner was informed that its bid was not considered as the World Bank had sanctioned procedures against the petitioner w.e.f. 09.04.2014 and had temporarily suspended the petitioner from participating in projects aided by the World Bank.

(2.) THE petitioner challenges the aforesaid action of respondent no.2 National Highway Authority of India (hereafter referred to as the "NHAI") principally on the ground that the reason for disqualifying the petitioner from participating in the bid was extraneous to the criteria as specified in the bid documents. The petitioner further alleges that action of disqualifying the petitioner is discriminatory as the NHAI had permitted other participants, who had been similarly disqualified by the World Bank, to participate in bids invited by the NHAI.

(3.) THE principal question to be addressed is whether the action of the NHAI in disqualifying the petitioner is arbitrary and discriminatory and as such, violative of Article 14 of the Constitution of India.