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H. P. SANDESH
V. P. Enterprises – Appellant
Versus
Karnatka Institute Of Medical Sciences – Respondent
ORDER :
(PER: HON’BLE MR. JUSTICE H.P. SANDESH)
The prayer sought in the Writ Petition to quash the paper publication dated 09.07.2024 issued by the respondent at Annexure-C and also the impugned notification dated 08.07.2024 issued by the respondent at Annexure-D and grant such other relief as deems fit in the interest of justice.
2. The factual matrix of the case of the petitioner before this Court while invoking the writ jurisdiction is that the petitioner is a proprietary concern carrying on the business of laboratory equipments, consumables and chemicals to the hospitals and diagnostic laboratories within the State of Karnataka. It is also registered with the department of Drug Controller Government of Karnataka and so also registered under the GST and the same is produced as Annexures-A and B.
3. It is the case of the petitioner that the tenders across State are called for each equipment or department and there has never been any issuance of a tender notification for multiple department equipments under one package. It is strangely on 08.07.2024, the respondent issued a paper publication inviting applications for supply and installation of medical laboratory equipments on cost pe
The court affirmed that tender conditions set by authorities are subject to limited judicial review, focusing on their reasonableness and adherence to statutory provisions.
The formulation of tender conditions falls within the administrative domain of the authority, and judicial review is limited to preventing arbitrariness or favoritism. The courts cannot interfere wit....
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
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....
Point of law: powers of judicial review are limited and while exercising such power the Court has to see whether the process adopted or decision made by the authority is malafideor is intended to fav....
The main legal point established in the judgment is the limitation of judicial review in tender matters, the need for commercial prudence in evaluating tenders, and the importance of fairness and non....
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