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IN THE HIGH COURT OF JUDICATURE AT PATNA
Rajeev Ranjan Prasad, Ashok Kumar Pandey
POCT Services – Appellant
Versus
State of Bihar Through its Additional Chief Secretary – Respondent
| Table of Content |
|---|
| 1. petitioner's relief request for quashing tender. (Para 1 , 2 , 3) |
| 2. procedural irregularities in tender bidding process. (Para 4 , 5 , 6 , 7) |
| 3. petitioner claims breach of eligibility criteria. (Para 8 , 10 , 11 , 12) |
| 4. defendants argue procedural fairness and transparency. (Para 15 , 20 , 21) |
| 5. court observes procedural improprieties and bias. (Para 33 , 34 , 35 , 36 , 37) |
| 6. court's assessment of eligibility criteria compliance. (Para 46 , 47 , 52 , 71) |
| 7. court orders to reprocess tender awarding. (Para 72 , 73 , 74) |
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
| Sl. No. | Topic |
| 1. | Cause Title |
| 2. | Case of the Petitioner |
| 3. | Submissions on behalf of the Petitioner |
| 4. | Submissions on behalf of the Respondent Nos. 4 to 7 (State Health Society) |
| 5. | Submissions on behalf of the Respondent Nos. 8 and 9 |
| 6. | Submission of Respondent No. 10 |
| 7. | Consideration:- |
| Plea of Constructive Res Judicata | |
| Essential Conditions-Mandatory Documents as per N.I.T. | |
| Opinion of this Court |
In the present writ petition, the petitioner is seeking the following reliefs:-
“(i) For quashing and setting aside the Agreement dated 19.11.2024 (Annexure P/14), executed between the State Health Society Bihar (SHSB) and the Consortium of M/s Hi
Transparency and adherence to eligibility criteria in public procurement are crucial to ensure fairness and integrity, as showcased in the invalidation of selections based on procedural irregularitie....
Fairness cannot be a one-way street. The fairness required of the Financial Corporations cannot be carried to the extent of disabling them from recovering what is due to them. While not insisting upo....
The court upheld the authority's discretion in setting eligibility criteria for tenders, emphasizing that judicial review is limited to cases of arbitrariness or unreasonableness.
Tender - Tender conditions are required to be read as provided in the tender document and if there are two views or construction possible than the view of the authority interpreting the tender docume....
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
Point of Law- Court in all the aforesaid decisions has cautioned time and again that courts should exercise a lot of restraint while exercising their powers of judicial review in contractual or comme....
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....
Public authorities must ensure fairness and non-arbitrariness in tender processes, adhering to established eligibility criteria.
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