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DEVENDRA KUMAR UPADHYAYA, AMIT BORKAR
Indo Allied Protein Foods Pvt. Ltd. – Appellant
Versus
State of Maharashtra, through Food, Civil Suppliers and Consumer Protection Department – Respondent
| Table of Content |
|---|
| 1. challenge to tender conditions under article 226 (Para 1 , 2 , 3) |
| 2. challenge to tender condition based on experience requirement. (Para 4) |
| 3. details of the rfp requirements and criteria (Para 5 , 6 , 8 , 10) |
| 4. petitioners argue condition pq5 is arbitrary (Para 11 , 12 , 14 , 16) |
| 5. focus on article 14 and irrationality in conditions (Para 13 , 15 , 17 , 18) |
| 6. state defends condition pq5 regarding logistics (Para 22 , 23 , 24) |
| 7. judicial review standards in tender matters (Para 25 , 26 , 28) |
| 8. criteria for arbitrariness in public contract decisions. (Para 29) |
| 9. court's restraint in interference in administrative decisions. (Para 30) |
| 10. public interest and urgency in tender process (Para 35 , 36) |
| 11. writ petitions dismissed with no further orders (Para 40 , 41 , 42) |
JUDGMENT :
(Devendra Kumar Upadhyaya, CJ.) :
1. Heard learned counsel representing the respective parties.
(A) CHALLENGE:
2. Challenge in this batch of petitions instituted under Article 226 of the Constitution of India has been made to a tender condition described in Clause 4 (PQ5) of the Request for Proposal (hereinafter referred to as the RFP) floated on 18th July 2024 by the Department of Food and Civil
Court upheld tender criteria requiring specific experience, emphasizing public interest and the rationality of conditions set by the state authority.
The court affirmed that the interpretation of tender conditions by the authority should be respected unless proven arbitrary or irrational, reinforcing the limited scope of judicial review in tender ....
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
The authority of the tendering body to determine the terms and conditions of the tender, the limited scope of judicial review in tender matters, and the principle of judicial restraint in administrat....
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 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....
The court affirmed that stringent eligibility criteria in public tender processes cannot violate statutory relaxations for Start-ups, emphasizing limited grounds for judicial review.
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