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D. K. UPADHYAYA, A. S. DOCTOR
Suraj Enterprises – Appellant
Versus
Nashik Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. writ petition against tender qualification process. (Para 1 , 2 , 3) |
| 2. petitioner challenges qualifications of respondent no.2. (Para 4 , 5 , 6 , 7 , 8) |
| 3. respondent contends fairness in evaluation. (Para 12 , 13 , 14 , 15 , 16) |
| 4. respondent defended evaluation criteria and the decision-making process. (Para 18) |
| 5. judicial review in tender cases requires just evaluation. (Para 23 , 24 , 25 , 26) |
| 6. court underscored the need for fair evaluation standards in tender decisions. (Para 29) |
| 7. court quashes the decision and orders retendering. (Para 44 , 45 , 46 , 47 , 48) |
JUDGMENT/ORDER
1. Heard Mr. Mihir Desai, learned Senior Advocate representing the Petitioner, Mr. M.L. Patil representing Respondent No.1 and Mr. R. S. Kohli appearing on behalf of Respondent No.2. CHALLENGE:
2. The Petitioner which is a proprietary firm, has invoked our jurisdiction under Article 226 of the Constitution of India with a prayer to issue writ of certiorari or any other appropriate writ to quash and set aside the order dtd. 7/2/2023 to the extent it holds that Respondent No.2 - M/s. S and R Pest Control Services as qualified in the technical bid submitted for award of Tender No.2 pursuant t
Essential tender eligibility criteria must be strictly complied with, and any deviation leads to arbitrary exercise of power, warranting judicial review.
Judicial review in tender matters is limited to assessing arbitrariness, irrationality, or mala fides; decisions should reflect fair competition and not accommodate late submissions of corrected bids....
The main legal point established in the judgment is the court's authority to intervene in the tender process if it is found to be contrary to the principles of equality and non-arbitrariness as enshr....
Tender bid qualifications must adhere strictly to stated requirements; courts generally defer to the owner's interpretation unless found arbitrary.
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....
The court emphasized the limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
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