In Brief
The State of Uttar Pradesh appealed against a High Court order that quashed the Bid Evaluation Committee's (BEC's) decision to cancel its recommendation of a contractor for a modern slaughter house project in Meerut. The High Court had found this improper because the BEC revisited its recommendation without notice. The Supreme Court held that the BEC is merely recommendatory; only the Competent Authority can grant final approval. Since only two valid bids were received (instead of the required three for competitive bidding), the BEC was entitled under the PPP Guidelines to recall its recommendation and re-invite tenders. No enforceable right had accrued to the bidder before Competent Authority approval, so no notice was required. The appeal was allowed and the High Court's order set aside."
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