Unsigned or Mismatched Tender Document Can Justify Technical Disqualification: Patna High Court

A contractor's technical disqualification from eight Nal-Jal Scheme tender groups because uploaded and original documents carried materially different signatures

M/s Shubhraj Construction participated in a June 2025 revised short-term tender issued by Nagar Parishad, Mokama. Although an inquiry rejected a rival's wider complaint, the Technical Tender Committee identified the signature discrepancy. The petitioner was given three days for objections but responded only later.

Issue and applicable law

The central question was a contractor's technical disqualification from eight Nal-Jal Scheme tender groups because uploaded and original documents carried materially different signatures.

The Court held that a person offered a fair opportunity cannot complain of breach of natural justice after failing to use it. Judicial review did not permit substitution of the tender committee's supported authenticity assessment.

Court's reasoning

The Court held that furnishing a required tender document necessarily includes its due execution and authentication by the bidder. Its principal reason was that a material signature discrepancy bears directly on authenticity and is not a trivial technical variation.

Decision and practical effect

The writ petition was dismissed because Clause 21(1) permitted disqualification and the bidder had not rebutted the committee's finding.

The ruling is significant because it clarifies how the stated legal standard should be applied to comparable disputes without extending the decision beyond the facts reported by the source.

Case details

• Case: M/s Shubhraj Construction v. State of Bihar and Others
• Court: Patna High Court
• Case number or citation: Civil Writ Jurisdiction Case No. 12120 of 2026
• Judges: Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma
• Advocates: For petitioner: Shekhar Singh, Shubham, Ranvir Pratap Singh and Shambhavi; for State: S.D. Sanjay, G.R. Shahi and Rahul Kumar; for Nagar Parishad: Anand Gaurav
• Source: https://www.livelaw.in/high-court/patna-high-court/patna-high-court-requirement-furnishing-tender-document-duly-execution-549420