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R. D. DHANUKA, KAMAL KHATA
Valuable Edutainment Private Limited – Appellant
Versus
Municipal Corporation of Greater Mumbai (M. C. G. M. , a Public Body) – Respondent
JUDGMENT :
R.D. Dhanuka, J.
1. By this petition filed under Article 226 of the Constitution of India, the petitioner prays for writ of certiorari for quashing and setting aside the evaluation of bids invited pursuant to the Bid Notification No.7200025560 published by the respondent nos.1 and 2 in favour of the respondent no.3 and against the petitioner.
2. The petitioner also seeks a writ of mandamus for a declaration that the respondent no.3 has been wrongly and unfairly declared as the successful bidder/lowest bidder and that the petitioner is entitled to be declared as the successful bidder/lowest bidder and that the petitioner is eligible for being awarded the contract/work order pursuant to the said Bid Notification. Some of the relevant facts for the purpose of deciding this petition are as under :-
3. On 18th January 2022, the respondent no.1 Corporation floated an E-Tender vide Bid Notification No.7200025560 for “Supply, Installation, Testing, Commissioning, Operation and Maintenance of Virtual Classrooms for Virtual Training Centres (VTC) & Studios for the respondent no.1 Schools for five years on VSAT (very-small-aperture terminal) Technology.” The petitioner purchased the sa
The powers of the Writ Court under Article 226 of the Constitution of India are not to carry out the process of re-valuation of the marks granted by experts after considering various technical aspect....
The main legal point established in the judgment is that the Courts should exercise restraint in interfering with tender matters, and their intervention should be limited to preventing arbitrariness,....
Judicial review of tender processes is limited to ensuring fairness and transparency. Tendering authorities may correct inadvertent errors in technical evaluations during the stipulated process windo....
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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