VERDANT ENERGY PRIVATE LTD Vs. STATE OF H.P.

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioners are challenging the decision of the Appropriate Authority in cancelling the tender process, dated 18th September, 2010. According to the petitioners, this decision has been taken with an intent to non suit the petitioner and to accommodate someone of the choice of the respondents. The argument proceeds that the petitioners had secured highest rating in the aforesaid tender process, as can be discerned from the tabular statement at page 157.

(3.) There can be no dispute that the petitioners secured highest points during the analysis pursuant to the earlier tender process. That, however, does not mean that the Authority was obliged to accept the said tender and allot contract to the petitioners, as such. Before the tender process was taken to its logical end, it was thought appropriate by the concerned Authorities upon legal advice that the best course would be to cancel the tender process to meet the ends of justice. That is on the basis of the legal opinion given by the Advocate General, as can be discerned from the communication, dated 17th August, 2013, at pages 207 and 208.