Synopsis

This judgment by a Division Bench of the Bombay High Court (Aurangabad Bench) dismisses a writ petition filed by a cooperative society challenging the award of a public tender for the supply, installation, and commissioning of a gas-fired pet incinerator. The petitioners claimed they were the lowest bidder and should have been awarded the contract. The court held that the petitioners failed to establish compliance with essential tender conditions, particularly regarding being an original manufacturer with the required experience. The authorities had conducted an inspection, found serious discrepancies in the petitioners' claims, and issued a show-cause notice, which was not satisfactorily answered. The court reiterated that a lowest bidder does not have an absolute right to a contract; the tendering authority is entitled to reject a bidder who does not meet essential eligibility criteria. The petition was dismissed.

1. Heading for the judgment

Citation: Arjun Adhar Swayam Rojgar Seva Sahakari Sanstha Maryadit & Anr. v. The State of Maharashtra & Ors., Writ Petition No. 264 of 2026, decided on 17.03.2026 (Bombay High Court - Aurangabad Bench)
Coram: Hon'ble Smt. Justice Vibha Kankanwadi and Hon'ble Mr. Justice Hiten S. Venegavkar (Division Bench)
Core Law: Public Procurement / Tender Law; Constitutional Law (Article 226).

Bombay High Court dismisses challenge to tender award, holds that lowest bidder cannot claim contract as of right when it fails to meet essential eligibility conditions verified by the authority.

2. Legal framework

This judgment applies the well-settled principles governing judicial review of public tender awards.

• Constitutional Law:
  Article 14: The court reiterated the re

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