Back
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
M. Nagaprasanna
Koppala Zilla Sarvajaneka, Represented By Its President – Appellant
Versus
Chief Secretary, Vidhana Soudha – Respondent
| Table of Content |
|---|
| 1. petitioners challenging tender process citing irregularities. (Para 2 , 3) |
| 2. claims of arbitrariness in tender awarded. (Para 5 , 6) |
| 3. responses from state and tenderer contrasting petitioners' claims. (Para 7 , 8) |
| 4. court examines tender clauses and consistency with legal precedents. (Para 10 , 11 , 12 , 13 , 14) |
| 5. principles on judicial review of tender conditions and fairness. (Para 15 , 17) |
| 6. court dismisses petitions; reiterates limits of judicial intervention. (Para 18 , 19) |
| 7. final rejection of both writ petitions. (Para 20) |
ORDER :
M. Nagaprasanna, J.
Koppala Zilla Sarvajaneka Vasathi Nilayagalali Karyanirvaisutiruva Karmekara Sahakara Sangha (hereinafter referred to as ‘the Sangha’ for short) is the common petitioner in both these petitions. The challenges in both these petitions are slightly varied. Since parties to the lis are common, these petitions are taken up together and considered by this common order.
2. Facts, in brief, germane in Writ Petition No.107536 of 2024 are as follows:
The petitioner/Sangha is said to have come into existence on 16-08-2012 comprised of Group-C and Group-D employees working as Cooks, Assistants, Cleaners, Watchmen, Teaching
The participation in a tender process waives the right to subsequently challenge its conditions unless proven arbitrary or illegal.
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.
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....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The court affirmed that stringent eligibility criteria in public tender processes cannot violate statutory relaxations for Start-ups, emphasizing limited grounds for judicial review.
Tender conditions upheld as reasonable for bidder integrity, safety and compliance; judicial review in contracts limited to arbitrariness, mala fides or public interest, with deference to administrat....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
