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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. SREENIVASA REDDY
T. Sarat Chandra Academy LLP – Appellant
Versus
State Of Andhra Pradesh – Respondent
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ORDER :
K. SREENIVASA REDDY, J.
1. The present Writ Petition is filed seeking the following relief :
“…declaring the action of respondents in cancelling the tender dated 11.03.2025 issued by respondents unilaterally despite the petitioner stood as L1 bidder and subsequent issuance of second tender dated 15.03.2025 insisting 10 years prior experience thereby excluding the petitioner from tender process as illegal, arbitrary and violative of the principles of natural justice, transparency and natural justice, amounts to a colourable exercise of powers and also against the doctrine of level playing field in which denial of equal opportunity and reflects a non-transparent and discriminatory exercise of power as arbitrary, illegal, unjust, discriminative and violative of the fundamental rights of the petitioner herein guaranteed under Articles 14, 19 and 21 of the Constitution of India and consequently set aside the same and also direct the respondents herein to consider the case of petitioner as L1 bidder as he stood L1 with very low competitive price thereby saving the public exchequers money and to pass such other ….”
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2. It is the case of the petitioner that the petitioner institute wa
Public authorities must ensure transparency and fairness in tender processes, adhering to legitimate expectations and justifiable reasons for actions affecting bidders.
(1) Cancellation of Tender – Sanctity of contracts is a fundamental principle that underpins stability and predictability of legal and commercial relationships – When public authorities enter into co....
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
The cancellation of a tender process before technical evaluation does not confer vested rights to bidders, and adherence to procurement laws is mandatory in future processes.
Lowest bidder has no vested right to contract; authority may cancel tender for valid reasons like cartel without malice; tender conditions not judicially reviewable unless arbitrary.
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
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