The Supreme Court has drawn a hard line on the sanctity of public tenders, ruling that once financial bids are opened, they are sealed in stone—no corrections, no reinterpretations, and no reworks, even if a supposed “mistake” promises more money for the state.
The ruling came in a dispute over toll collection rights for the Dankuni–Chandannagar stretch in West Bengal. Mandeepa Enterprises had entered ₹9,72,999 as its bid, both in words and numbers. Only after the envelopes were opened did it claim that figure was not a total, but a per-day rate. That “clarification” would have ballooned its bid into a whopping ₹106.54 crore, making it the highest bidder and pushing aside the actual H1 bidder, who had quoted ₹91.19 crore.
The tendering authority rejected Mandeepa’s plea. A single judge of the Calcutta High Court agreed. But the Division Bench later swung in Mandeepa’s favour, holding that the tender clause permitting clarifications allowed such rectification.
The Supreme Court wasn’t convinced. A bench of Justices Manoj Misra and Ujjal Bhuyan overturned the Division Bench, underscoring that the rules explicitly forbid altering the Bill of Quantity template after bids are opened. “Stretching the clarification clause to cover corrections of quoted rates,” the Court said, “would gut the very prohibition that safeguards fairness in the process.”
The Court went further, issuing a reminder: public tenders are not a numbers game alone. More revenue, while desirable, cannot come at the cost of transparency and predictability. “Public interest,” the bench observed, “is not to be measured narrowly in rupees. Its true test is the integrity of the process itself.”
Drawing on earlier rulings, the Court stressed that tenders serve as the foundation of government procurement, ensuring a level playing field and preventing arbitrary advantage. Stability in commercial dealings, it said, flows directly from respecting those rules without exception.
The appeal was allowed, restoring the highest bidder’s position, and the authorities were directed to proceed strictly under the terms of the 2023 tender notice.
