Authority: High Court at Calcutta (Constitutional Writ Jurisdiction) – Appellate Side

Order Date: 10 July 2026

Case Overview

  • Petitioners: Vindhya Industries Private Limited & Anr.; Respondents: Union of India & Others.
  • Tender: Notice Inviting Tender No. N01HQ-2025-26-RT-1 for provision of 4 × 48 fibre OFC for communication backbone in New Bongaigaon‑Goalpara‑Kamakhya (176 RKM) and Golakganj‑Abhaypuri (84.84 RKM) of Rangiya Division under HUN6 sections.
  • Bid submission date: 22 May 2026. The techno‑commercial bid was rejected because the petitioners did not submit the local‑content declaration on a non‑judicial stamp paper of Rs 100, submitting it instead on plain white paper.
  • Tender documents required mandatory documents including Certificate of Local Content as per Form‑1 under Clause 51 of Chapter‑III, to be submitted on Rs 100 stamp paper.
  • Petitioners argued that Clause 5(3) and the General Instructions allowed optional uploading of the document, and that they were ready to submit the stamp‑paper declaration subsequently.
  • Respondents contended that the tender categorically mandated the stamp‑paper format and therefore the rejection was justified.
  • Petitioners relied on ABC Beverages Pvt. Ltd. vs. IRCTC judgment (2017) that curable procedural defects should not defeat substantive rights.
  • Respondents cited a Ministry of Communications notification dated 21 Oct 2024, which incorporated the requirement of Form‑1 on Rs 100 stamp paper pursuant to the DPIIT PPP‑MII order dated 19 July 2024.
  • The court examined the contradictory language in Clause 5(3) (optional uploading) versus the General Instructions (mandatory documents not to be uploaded) and noted that subsequent tenders had rectified the language to make the stamp‑paper submission mandatory.
  • The court observed that no complaint of false declaration existed and that the petitioners had complied with all other tender requirements.

Final Outcome

  • The Court held that the failure to submit the local‑content declaration on Rs 100 stamp paper was a curable defect.
  • The impugned communication dated 22 May 2026 rejecting the techno‑commercial bid was set aside and quashed.
  • Respondent authorities are directed to accept the petitioners’ local‑content declaration on Rs 100 stamp paper and to allow Vindhya Industries to participate in the tender process, provided they meet all other eligibility criteria.
  • WPA No. 12217 of 2026 is allowed.

Topics: Tender Procurement, Local Content Regulation