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VENKATESWARLU NIMMAGADDA
Krishna District Cooperative Marketing Society Ltd – Appellant
Versus
State of A. P. , Rep. by its Principal Secretary, Women 86 Child Welfare Department – Respondent
ORDER :
Venkateswarlu Nimmagadda, J.
1. Originally, this writ petition was filed by the petitioner against Respondent Nos.1 & 2. However, vide order of this Court in I.A.Nos.2, 4 & 5 of 2023 dated 27.11.2023, Respondent Nos.3 & 4 were impleaded as party respondents and vide order in I.A.No.5 of 2023 dated 27.11.2023, Petitioner No.2 was implead as proper and necessary party.
2. Though Petitioner No.2, was impleaded as proper and necessary party, no affidavit is filed on it’s behalf.
3. This writ petition is filed under Article 226 of the Constitution of India claiming the following relief :
Judicial review in tender matters is limited; rejection based on non-compliance with tender conditions is not arbitrary.
The main legal point established in the judgment is that the disqualification of a bidder must be justified, and an unsuccessful bidder cannot challenge the qualification of other bidders.
Tender authorities must adhere to statutory criteria and act transparently; courts will not interfere unless clear evidence of arbitrariness or malafide conduct is presented.
Judicial review in tender matters is limited to assessing arbitrariness, irrationality, or mala fides; decisions should reflect fair competition and not accommodate late submissions of corrected bids....
The court emphasized the necessity of strict compliance with tender conditions and ruled against arbitrary actions by administrative authorities.
The court upheld the authority's discretion in setting eligibility criteria for tenders, emphasizing that judicial review is limited to cases of arbitrariness or unreasonableness.
The court upheld the authority's discretion in evaluating tender bids, emphasizing the need for compliance with mandatory conditions and the absence of arbitrariness in disqualification decisions.
Judicial review of tendering decisions is limited to assessing legality, with courts refraining from substituting the tender authority's decisions unless in cases of illegality or manifest arbitrarin....
The court affirmed that tender processes must adhere to clear criteria to avoid favoritism and arbitrary decisions, emphasizing the necessity of fairness and transparency in public contracts.
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