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V. SUJATHA
A. P. Web Offset Printers Association – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
V. Sujatha, J. - The Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
'....to issue Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing Tender Notification vide e-procurement Notice No.50/T1/2023 dated 02.02.2024 'Name of the Work: Printing and supply of Textbooks and Workbooks by procuring the paper by the bidders to the students studying in the State Syllabus in Government Management schools situated in the State of Andhra Pradesh for the academic year 2024-25' without considering the representation dated 09.01.2024 as illegal and arbitrary and violative of Article 14, 19 (1)(g) and 21 of the Constitution of India, consequently (a) to direct the 1st respondent to dispose of the representation dated 09.01.2024 by giving an opportunity of personal hearing to the petitioners, further (b) to quash the tender Notification vide e-procurement Notice No.50/T1/2023 dated 02.02.2024 'Name of the work: Printing and supply of Textbooks and workbooks by procuring the paper by the bidders to the students studying in the state Syllabus in Government
The court emphasized that the process adopted by the authorities should not be intended to favor someone, and there should be no mala fide or public interest affected for the impugned tender to be qu....
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
Eligibility for contracting: To foster competition, firms and individuals to offer goods, work, and services required for the program, any conditions for participation shall be limited to those that ....
Tender conditions permitting out-of-state participation enhance competition and do not violate constitutional provisions regarding fairness and freedom of trade.
The court affirmed that tender conditions set by authorities are subject to limited judicial review, focusing on their reasonableness and adherence to statutory provisions.
Judicial review of tender conditions is restricted to cases of arbitrariness or unreasonableness, reinforcing that the authority determining eligibility criteria has the discretion and expertise in c....
Tender/Contract - Petitioner is disentitled to question the tender, having not participated in the tender process
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