Tender : Corrigendum extending bid submission deadlines without adequate public notice invalidates the process.
Kerala High Court Quashes Travancore Devaswom Board Tender Over Transparency Lapses. Court Orders Re-Tendering for Temple Offerings Auction, Citing Lack of Public Notice and Equal Opportunity
In a significant ruling, the Kerala High Court has quashed the tender process initiated by the Travancore Devaswom Board (TDB) for the collection and auction of temple offerings, citing substantial lapses in transparency and equal opportunity. The Division Bench, comprising Justices Raja Vijayaraghavan V and K.V. Jayakumar, found the Board's actions in extending the bid submission deadline without adequate public notice to be fundamentally flawed and prejudicial to potential bidders.
The writ petitions, filed by Abdul Majeed C.K and others, challenged Tender No. ROC-13/2025/SAB (Kuthaka) dated August 13, 2025, particularly concerning Item Nos. 1, 3, and 85. These items involved the collection and auction of coconuts and flowers offered by pilgrims at various temples during the Makaravilakku-Mandaravillaku season. The petitioners contended that the extension of the bid submission deadline was not communicated publicly and was only notified to participants already engaged in the tender process, thereby excluding potential bidders who relied on the original tender notice published in regional newspapers.
The Court observed that the TDB's decision to extend the deadline and communicate it solely through the e-tender portal after the original closure date compromised the fairness and integrity of the tender process. The Bench emphasized that corrigenda must be published with the same prominence as the original tender notices to ensure equal opportunity for all prospective bidders.
In its detailed judgment, the Court highlighted the absence of public notice for the corrigendum as a significant procedural irregularity. It noted that the reopening of the bid submission portal after the deadline effectively allowed only those aware of the corrigendum to participate, thus denying a level playing field. The judges stressed the importance of adhering to principles of fairness, transparency, and non-discrimination in the disposal of public property, particularly in matters involving public trust, such as temple offerings.
The Court ordered the TDB to re-tender the collection of coconuts and supply of flowers with a fresh schedule of events, ensuring compliance with constitutional principles. The judgment also expressed strong disapproval of the casual manner in which the TDB conducted the tender process, reminding the Board of its fiduciary duty to maximize returns from temple offerings while maintaining public confidence.
The ruling underscores the judiciary's commitment to upholding transparency and fairness in public procurement processes, particularly where state instrumentalities are involved in the management of public resources.
Bottom Line:
Transparency and equal opportunity in public tenders are essential; corrigendum extending bid submission deadlines without adequate public notice invalidates the process.
Statutory provision(s): Articles 14 and 19(1)(g) of the Constitution of India
Abdul Majeed C.K v. Travancore Devaswom Board, (Kerala)(DB) : Law Finder Doc Id # 2786508
