Financial Bids In Public Tenders Can't Be Altered After Opening; Sanctity Of Process Can't Be Compromised For More Revenue : Supreme Court

The Supreme Court held that post-opening rectification of financial bids in public tenders is impermissible and compromises the process's sanctity. In a case relating to Road User Fee collection tender, the Calcutta High Court had allowed a bidder to amend their bid post-opening, claiming the bid was mistakenly quoted per day instead of for the total contract period. The Supreme Court disagreed, highlighting that tendering rules, especially those restricting any changes after bid opening, are vital to fairness and transparency in public procurement. The bench emphasized that while maximization of revenue for the exchequer is important, adherence to established tender norms is even more critical to uphold integrity, fairness, and a level playing field. The ruling reinforces that the Notice Inviting Tender’s prohibition on bid rectification is absolute, and any post-hoc changes—even those increasing government revenue—would undermine the process and allow arbitrary selection or advantage. Reference is made to previous precedents, stressing that the public interest comprises not only financial prudence but also legal and procedural rigor. The judgment serves as a caution to procurement authorities to maintain the sanctity of tender procedure and resist temptations for after-the-fact revisions for profit. The decision ensures predictability, stability, and transparency in public contracts and is instructive for both bidders and contract-awarding agencies in future tender processes.