In Brief
Bakshi Security appealed against a High Court judgment that had directed the Government of Gujarat to award a transport services tender to Devkishan, despite Devkishan's bid being lower than the prescribed minimum wage. The Supreme Court held that Devkishan's bid violated essential tender conditions: it quoted less than the mandated minimum wage and contained a conditional 'without prejudice' offer (open-ended rather than fixed pricing). The Court held that strict compliance with tender conditions is mandatory, that courts cannot remake contracts, and that the High Court exceeded its jurisdiction by treating a non-conforming bid as acceptable. The appeal was allowed, and the tender was restored to the appellant."
The lawyer headnote and full judgment text are available to registered users.