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MANGESH S. PATIL, S. G. CHAPALGAONKAR
B. R. Ande Construction Company – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. requirements for tender compliance (Para 1 , 2 , 3 , 4) |
| 2. disqualification based on tender criteria (Para 5 , 6 , 7) |
| 3. arguments regarding eligibility and discrimination (Para 8 , 9 , 10) |
| 4. judicial review limitations in tender matters (Para 11 , 12 , 13 , 14) |
| 5. conclusion dismissing the writ petition (Para 15 , 16) |
JUDGMENT :
S.G. Chapalgaonkar, J.
The petitioner, partnership firm approaches this Court under Article 226 of the Constitution of India with following prayers :-
B. To direct the respondent No.2 to open the financial bid of the petitioner along with other successful bidders, for e-tender B-2 notice no.LTR-2/11/2022-23 for Construction of Railway over bridge Ahmedpur Shirur (Tajband) Udgir Road, on SH 249, Km. 1/200 near Malkapur on Udgir By-pass road, Tq. Udgir, Dist. Latur, by issuing a writ of mandamus or any other direction, writ or order as the case may be;
2. The petitioner avers that the tender notice dated 20-10-2
The authority that issues a tender is best positioned to interpret its conditions, and courts should only intervene in cases of clear arbitrariness or irrationality.
Compliance with tender document requirements, including transportation experience, is crucial and cannot be overlooked based solely on lower financial bid rates.
The court ruled that tender eligibility criteria must explicitly state disqualifications, allowing joint venture experience to be considered for bidder qualifications, ensuring clarity and fairness i....
Public authorities must ensure fairness and non-arbitrariness in tender processes, adhering to established eligibility criteria.
Judicial review of tender decisions should respect the expertise of evaluation committees unless evidence of arbitrariness or unreasonableness is demonstrated.
The court upheld the tendering authority's discretion in setting eligibility criteria, emphasizing limited judicial review focused on procedural fairness rather than the merits of the decision.
Judicial review in tender matters is limited to assessing procedural fairness, not the merits of the tender conditions, which are determined by the tendering authority.
The decision to award a tender contract must be arrived at after objective consideration and evaluation and cannot be interfered with if not found to be arbitrary, malafide, irrational, unreasonable,....
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