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Judgment
Lisa Gill, J
Grievance raised in this writ petition is that petitioner’s technical bid was rejected in an absolutely illegal manner vide order dated 12.02.2026 Annexure P-13.
Learned counsel for petitioner submits that it is stated in order dated 12.02.2026 that petitioner has not submitted a certificate/undertaking regarding blacklisting status which is opposed to record as petitioner had submitted said document, Annexure P-8. Second objection raised is that bidder had submitted original EMD of Rs.25 lakhs but it was received in the office of Director General Food and Civil Supplies on 06.02.2026 at 11.50 a.m. whereas tender had closed on 05.02.2026 at 1.00 p.m. Bidder uploaded only a photocopy of demand draft of Rs.25 lakhs on the GeM portal. Learned counsel for petitioner relies upon Clause 30(vii) of Additional Terms and Conditions for Purchase/Bid of HDPE/PP Bales for Rabi 2026-27 (copy thereof is taken on record subject to just exceptions). He submits that in terms thereof petitioner was not required to submit the EMD. Third objection raised was that petitioner did not provide relevant past performance certificate for 50 kg foodgrain HDPE/PP bags in terms of Clause 11 and Clause 30(viii) of the terms and conditions. Learned counsel for petitioner submits that said information was duly provided as at Annexure P-9, dated 04.02.2026. Fourth objection raised was that petitioner has not submitted the specific turnover certificate related to HDPE/PP bags as required under clause 30(vii). It is stated that general certificate had been duly submitted earlier and that the specific certificate in this regard was submitted alongwith representation which was permitted to be filed by petitioner as is attached as Annexure P-15 with this writ petition.
Learned counsel for petitioner submits that petitioner’s representation as permitted vide communication dated 12.02.2026 was rejected by respondents in an absolutely illegal and arbitrary manner vide a completely non-speaking and cryptic decision dated 16.02.2026, Anenxure P-16.
Learned counsel for respondents on instructions from Director General, Food & Civil Supplies, at this stage, submits that order dated 16.02.2026 be deemed to be withdrawn while affording liberty to respondents to pass a fresh order in accordance with law after affording an opportunity of hearing to petitioner.
Keeping in view the specific stand of the respondent, order dated 16.02.2026 is set aside with liberty to respondent to pass a fresh order in accordance with law after affording an opportunity of hearing to the petitioner. Status quo which was directed to be maintained on 19.02.2026 shall enure for three working days after passing of the order by respondent, in case adverse to the petitioner.
Writ petition is accordingly disposed of.