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Judgment
Markandey Katju, C.J.—This writ appeal has been filed against the impugned order of the learned single Judge dated 25.02.2005 passed in
W.P. No. 9368 of 2004.
The appellant has alleged that he was the highest bidder in a tender but the authorities have cancelled the tender process and ordered for fresh
bids.
It is well settled that even the highest bidder has no absolute indefeasible right to get a contract. There are various reasons for which the
authorities may not accept the highest bid, vide S. Selvarani v. Commissioner, 2005 W.L.R. 30 (vide paragraphs 16 to 18) e.g. if they find the
highest bid is inadequate or for some other good and valid reason, vide Ram and Shyam Co. v. State of Haryana, (1925) 3 SCC 267 (vide
paragraphs 11, 12 and 14). If the appellant is so advised, he can bid in the fresh tender. The learned Judge has already directed for refund of
Earnest Money Deposit with interest at the rate of 15%. We see no infirmity in his order. There is no force in the appeal. The appeal is dismissed.
Consequently, connected W.A.M.P. No. 1632 of 2005 is also dismissed.