In Brief
Bharat Coking Coal Limited (BCCL) issued a tender for mining contracts. During online auction on 05.05.2015, connectivity problems interrupted bidding. BCCL resumed the auction after technical issues were resolved, leading to a lower winning bid. The unsuccessful bidder, AMR Dev Prabha, challenged the award in writ petition. The High Court quashed the award. BCCL appealed to the Supreme Court. The Court held that writ jurisdiction in tender disputes requires proof of both a public law right infringement and substantial public interest—not merely private monetary interest. As the respondent sought only to win the tender for itself and lacked public interest demonstration, writ relief was impermissible. Independent authorities (CVC, CERT-In) confirmed the connectivity problems and absence of mala fide. BCCL's interpretation of tender clauses was plausible and entitled to deference. The Supreme Court allowed BCCL's appeal and dismissed the respondent's writ petition.",
The lawyer headnote and full judgment text are available to registered users.