unimaginable. We use technology every day and it has saved
us of time and efforts. Introduction of the etendering system
has made the cumbersome process of tenders simple, faster and
also free from unnecessary human intervention. However, in
a situation with which we have dealtwith above, the question
is whether the use of the technology has offered solutions or
it has created issues. The increased dependency on modern
technology has reduced our creativity and human being is
dependent upon the said technology which undisputedly is
an useful servant but a dangerous master. In words of Albert
Einstein “human spirit must prevail over technology”. In the
present case in hand we have observed that uncertainty
prevails in certain areas and no technology can make the
system 'full proof' and as such a situation where the
technology can err, we cannot completely exclude the element
of human intervention in exceptional circumstances.
Ultimately, it is the human being who controls the technology
and when it errs, it is for the human being to rectify it. No
solution is coming from the expert and the technology
operatorNIC as to what happens if the “freeze button is not
clicked”. On the other hand, the NIC itself shows that once
the bids are uploaded, they remain safe and saved and human
intervention is not possible. In this background and for the
reasons which we have already discussed above, we feel it
expedient to intervene in the technological procedure since
we feel that the technology has failed to serve its intended
purpose in the present case and interest of justice call for
intervention. Every citizen has legal and fundamental rights
which are required to be protected and in a digital world the
said rights cannot be lost sight of but the same are to be
protected by providing alternative and effective solutions, to
be introduced into the modern technology/websystem and in
the process of tender it is very much necessary to ensure that
the bidders are not shunted out of the procedure only on
account of any technical glitch and technology needs to be
developed in a manner to cater to their needs without
causing any delay in the scheduled time. We also makes it
clear that we are inclined to grant relief to the petitioners,
considering 'public interest and the fact that the bid of
petitioners (technical/financial) are already sealed after their
uploading and no changes are possible now, and we treat this
as sealed packets submitted within date and time as per tender
document.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 2070 OF 2017
Shapoorji Pallonji & Company Private V/s. State of Maharashtra,
CORAM : ANOOP V. MOHTA AND
SMT. BHARATI H. DANGRE,JJ.
DATE : 28th SEPTEMBER, 2017
