Tender Authority Cannot Impose Conditions Contrary To Notice Inviting Tender : Supreme Court

This report summarises a Supreme Court judgment holding that a tendering authority must not add or impose conditions that are contrary to, or inconsistent with, the terms of the original Notice Inviting Tender (NIT). The Court reaffirmed public-procurement principles of transparency, fairness, and equality of opportunity, stressing that post-hoc variations disadvantage bidders and vitiate the process. It describes the inconsistent conditions, the Court’s reasoning, and reliance on precedents mandating adherence to advertised terms. The decision clarifies that deviations require formal notice and justification, and violations may lead to cancellation or re-tendering. Implications for contracting authorities, PSU procurement cells, and bidders are discussed.