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M. S. SONAK, R. N. LADDHA
Prasad Sheth – Appellant
Versus
State Of Goa – Respondent
JUDGMENT
M.S. Sonak, J. - Heard learned Counsel for the parties.
2. Rule. The rule is made returnable immediately at the request of and with the consent of the learned Counsel for the parties.
3. The petitioner challenges the decision of the respondent no.2 rejecting the petitioner's technical bid in response to the E-Tender dated 10.12.2021 for urgent up-gradation of all 14 PHE laboratories, including supply of new Instruments/Equipments, Instrument Repairs, Chemicals, apparatus, and Glasswares, CRM Materials under Jal Jeevan Mission for PWD, Goa.
4. From the returns filed, it is apparent that the rejection of the petitioner's technical bid was on the ground that the petitioner had failed to submit the following documents along with his bid:-
(a) Experience certificate stating that the petitioner had executed similar works during the last 10 years, in terms of Clause 4(e).
(b) Declaration in terms of Clause (c) of the eligibility criteria.
(e) Tender specific authorization either from the manufacturer or their authorized dealer as required under Clause (b) of the eligibility criteria.
5. Mr. Padgaonkar, the learned Counsel for the petitioner, submits that the petitioner furnished the nece
Important Point – Government Contract – Tender – Public authorities have to ensure that no bias, favouritism or arbitrariness are shown during bidding process and that entire bidding process is carri....
The decision of the employer in interpreting the conditions of eligibility in a tender document must be respected unless it is shown to be arbitrary, outrageous, and highly unreasonable.
Judicial review in tender matters limited to arbitrariness or mala fides; courts defer to authority's bid compliance assessment, refusing substitution unless perverse.
In tender matters, judicial review is limited; courts defer to tender authority's bid responsiveness assessment unless arbitrary, mala fide or perverse, prioritizing public interest in infrastructure....
Judicial review of tender processes is limited; courts should respect the authority's discretion unless there is clear evidence of arbitrariness or irrationality.
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