In Brief
The State of Chhattisgarh invited tenders for a road construction project. The appellant, M/s Surguja Bricks Industries Company, submitted a bid relying on experience as a 49% member of a joint venture that met the required financial threshold on a proportionate basis. The State rejected the bid, claiming joint venture experience could not be counted. The High Court upheld the rejection. The Supreme Court allowed the appeal, holding that absent explicit exclusion in the tender conditions, joint venture experience must be credited proportionately. The Court emphasized that tender conditions must be clear and unambiguous, and tendering authorities cannot arbitrarily introduce unstated restrictions, doing so violates Article 14.
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