Micky Traders v. L.R.Y. Labour Contractor & Ors.
Background
The Punjab State Agricultural Marketing Board's Market Committee, Ludhiana invited tenders for collecting user charges at Mandi (market yard) infrastructure. Micky Traders (the highest bidder, "H1") was awarded the contract, but the second-highest bidder, L.R.Y. Labour Contractor ("H2"), challenged this before the High Court, arguing Micky Traders lacked the mandatory two years' prior experience of collecting "user charges/parking fees" for a government or public body. Its certificates instead showed experience running cattle fairs under different firm names. The High Court agreed, quashed the award to Micky Traders, and directed the Board to award the contract to the eligible bidder; both Micky Traders and the Board appealed to the Supreme Court.
Decision Breakdown
The Supreme Court held that while courts ordinarily defer heavily to a tendering authority's own interpretation of its tender conditions, that deference applies only where the interpretation is one the clause's language can reasonably bear, which was not the case here. It found that organizing cattle fairs is not equivalent to the specialised, accountable "collection of user charges" the clause required, and that Micky Traders' certificates were, in any event, issued to differently-named firms with no proven legal link to Micky Traders' own sole proprietor. The Court also invoked the principle that a party cannot "approbate and reprobate". Micky Traders had, in two earlier tenders elsewhere, accepted disqualification under an identically worded experience clause without challenge, and could not now argue for the opposite interpretation merely because it now suited its interest. The argument that Micky Traders' bid was higher and thus better for public revenue was rejected, since bids can only be compared among eligible bidders. Revenue considerations cannot cure a genuine ineligibility. The appeals were dismissed and the High Court's order upheld.
Lesson Learnt
In public tenders, eligibility conditions on paper must be genuinely satisfied by verifiable proof, vague or unrelated experience, or unproven claims of identity between a bidder and other firms, cannot substitute for it, and a bidder who has previously accepted a stricter reading of the same clause elsewhere cannot flip its position later simply because a favourable outcome is at stake.