The Madras High Court has dismissed a plea by Hero Ecotech Ltd seeking that its bid be considered in the tender floated by the Tamil Nadu government for supply of over six lakh bicycles under the free-cycle scheme meant for school children in the state.
According to the petitioner, the government rejected the company's bid for two technical reasons - failure to fix a geared bell in the bicycle meant for boys and for not affixing logo of the Tamil Nadu government in the sample cycles.
It claimed that the reasons for rejecting the company's bid were trivial, flimsy and mala fide.
Justice K Ravichandrabaabu refused to direct the government to relax some of the minor rules of the tender and accept the bid submitted by Hero Ecotech Ltd.
In his recent order, the judge said, "The question of relaxation does not arise while considering the technical qualifications notwithstanding the fact that the lapse is minor or major."
Noting that if 40 per cent is the pass mark, certainly the person, who got 39 per cent, is not entitled to be declared as passed, the judge said, adding there cannot be any relaxation just to make a person pass the the test.
Once such relaxation is made to one person, that will not end with that person, and it will only open a floodgate, the judge observed.
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