Authority: High Court of Uttarakhand at Nainital
Order Date: 30 September 2026
Case Overview
- Petition: Community Action through Motivation Programme (petitioner) vs State of Uttarakhand and others (respondents), concerning a tender (Notice No. UKHC010173212026) for operation and maintenance of 108 Emergency Response Services in Uttarakhand.
- The Technical Evaluation Committee declared the petitioner’s bid non‑responsive without providing reasons; two other bids were also declared non‑responsive. Respondent No. 4 and U.K.SAS India Pvt. Ltd. were declared responsive, with respondent No. 4 awarded L‑1 status after financial bids opened on 28‑09‑2026 (originally scheduled for 26‑09‑2026).
- Petitioner's counsel argued that respondent No. 4 should be disqualified because a joint‑venture partner’s contract with the Assam Government was terminated on 09‑03‑2023, invoking Clause 3 of Section B of the RFP. Respondent No. 4 contended that termination for financial non‑viability does not trigger the ineligibility clause.
- The Court observed that respondents did not disclose reasons for declaring the petitioner’s bid non‑responsive and noted that the petitioner had not yet objected to the acceptance of respondent No. 4’s bid.
Final Outcome
- The writ petition is disposed. The petitioner is granted liberty to file an objection to the non‑responsive declaration of its bid within two days of this order.
- Respondents are directed to pass a speaking order on the petitioner’s representation within three days.
- Acceptance of respondent No. 4’s bid shall remain subject to the final outcome of the petitioner’s representation; if the petitioner fails to make a representation within 48 hours, the benefit of this order will not be available.
- All pending applications, if any, are also disposed of.
Topics: Tender Procurement, Court Order