Tender – Eligibility Condition of Supply of Sports Kits for last three years
Three Tender Notices dated 21.7.2025 issued through Government e-Market Portal for supply of Sports Kits to the students of government schools in the State of Chhattisgarh.
Additional Condition Nos.1, 4, 11 and 13 of the qualifications have rendered the appellant in-eligible for the tender.
Condition Nos.1, 11 and 13 were deleted vide corrigendum dated 7.8.2025 during the pendency of the writ petition.
The High Court held that the impugned condition no.4 that the bidders must have supplied sports kits worth at least Rs.6 crores to the agencies of State of Chhatisgarh in last 3 financial years is valid.
The object of public procurement is to secure quality goods and services for the benefit of public exchequer. It can be achieved by requiring the bidders to show financial capacity, technical experience and past performance in contracts of similar nature, regardless of place of performance of the contract. To confine the eligible to the participants in the tender within one State is not only irrational but is also disproportionate to the goal of ensuring effective delivery of sports kits.
The doctrine of level playing field requires that gates of competition be opened to all who are equally placed. The impugned tender condition excludes the competent and experienced suppliers, who may have executed contracts of far magnitude in other States or Central Government departments from participating in the tender and has the impact of promoting cartelization. The impugned condition operates as a closed door to outsiders and restricts the wider participation of bidders and restricts competition.
Judgment dated 6.10.2025 of the Supreme Court in SLP [Civil] No.24075 of 2025 of Vinishma technologies Pvt Ltd Vs. State of Chhattisgarh and another with connected matters.
