The Kerala High Court on Friday dismissed two writ petitions challenging the modification of certain conditions in the tender notification published by Cochin International Airport Limited (CIAL) inviting bids from eligible agencies for appointment of second and third ground handling agencies at the airport.
The petitions filed by some ground handling service agencies contended that the modified conditions that barred those engaged in self-handling services to airlines and the constituent of another bidder from participating in the bids were illegal. They further contended that the addendum modifying the conditions was issued without any application of mind.
CIAL submitted that since the airport was not managed by the Airports Authority of India (AAI), there is no legal impediment to CIAL issuing the addendum. It was issued only to ensure a competitive environment and encourage broader participation.
Justice C.S. Dias observed that it was the prerogative and discretion of an employer to settle the tender conditions, and that a bidder had no voice to dictate its terms. The petitioners are, therefore, precluded from contending that CIAL is not empowered to modify the tender conditions. Since the petitioners have failed to establish any malice or arbitrariness in CIAL issuing the addendum, the court does not find any illegality in the addendum, the judge said.
Published – May 17, 2025 01:58 am IST
