M/S RAIL AUTOCOM TECHNOLOGIES PRIVATE LIMITED vs UNION OF INDIA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 27.04.2026 Judgment pronounced on: 12.05.2026 Judgment uploaded on: 12.05.2026 + W.P.(C) 18715/2025 & CM APPL. 77838/2025 M/S RAIL AUTOCOM TECHNOLOGIES PRIVATE LIMITED .....Petitioner Through: Ms. Aparna Jain, Adv. versus UNION OF INDIA, MINSTRY OF RAILWAYS & ANR. .....Respondents Through: Mr. Rohan Jaitley, CGSC & Mr. Dev Pratap Shahi (GP) with Mr. Akshay Sharma, Mr. Varun Pratap Singh & Mr. Yogya Bhatia, Advs. Mr. Aman Sharma, Mr. Subhan Shankar Gogoi, Mr. Akshat Rathore & Ms. Nidhi Jain, Advocates for R2 CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J.: 1. The present Petition assails the action of the Respondent No.1 in awarding the bulk quantity under Tender No. 20259002 dated 19.08.2025 [‘Impugned Tender’] for supply, installation and commissioning of Fog Pilot Assistance Systems [‘FOGPASS’], to Respondent no. 2 (L1 bidder), to the exclusion of the Petitioner, who Signature Not Verified Signed By:JAI NARAYAN Signing Date:12.05.2026 W.P.(C) 18715/2025 Page 1 of 10 15:11:16 claims to have emerged as the L2 bidder. The Petitioner seeks quashing of the Impugned Tender, or in the alternative, a direction for re-tendering or allocation of a portion of the tender quantity in its favour. 2. The issue which arises for consideration in the present Petition is whether a bidder, who claims to be the second lowest (L2) (L8 as claimed by the official Respondent) in a public procurement process, and whose quoted price is within a marginal difference of less than 3% from that of the lowest bidder (L1), acquires an enforceable right to claim allocation of a portion of the tendered quantity on the basis of a pre-declared “splitting clause” contained in the te