SPS CONSTRUCTION INDIA PRIVATE LIMITED vs UNION OF INDIA AND 2 ORS. Advocate - DY.S.G.I., ,MS M KAKOTY,R SARMAH,MR. K GOGOI — WA /79/2026

Summary: The Gauhati High Court upheld the validity of an eligibility clause in a railway bridge tender requiring bidders to have no history of structural collapse attributable to design or quality failure in the past three years. The court rejected SPS Construction's challenge, holding that the clause is not vague or arbitrary but a legitimate risk mitigation measure, and that the absence of prior judicial adjudication does not render it unworkable—bidders must disclose collapse incidents and explain they weren't caused by design/quality failures. The court dismissed the appeal, affirming that tender authorities have wide discretion in setting eligibility criteria, and this condition applies only to the specific tender, not constituting blacklisting. This case analysis is maintained by casestatus.in based on publicly available court records.