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RAJASEKHAR MANTHA
Praxair India Private Limited – Appellant
Versus
Central Vigilance Commissioner – Respondent
JUDGMENT
Rajasekhar Mantha, J. - FaCTS:
1. The petitioner challenges a tender allocation process for setting up of a Cryogenic Oxygen manufacturing facility at Durgapur Steel Plant (DSP) with a capacity of 1250 TPD on a Build-Own-Operate (BOO) basis.
2. The brief facts of the case are that in or about December 2020, a Notice inviting 'Expression of Interest' (EOI) was published by the Respondent No. 2, M/s Steel authority of India Limited (SaIL). about five bidders, namely, Praxair India Private Limited (the writ petitioner), Ellenbarrie Industrial Gases Ltd., M/s. Nova air, M/s. air Liquide India Limited, M/s. Inox air Products Pvt. Ltd, showed interest.
3. The existing Cryogenic Oxygen Plants of the SaIL at DSP and Bhilai Steel Plant (BSP), functioning on BOO basis, are already being operated by the writ petitioner and the said M/s Inox respectively. M/s. Inox was also operating an Oxygen Plant on a BOO basis at the steel plant at Bokaro (BSL) while M/s. Linde aG was operating such Oxygen plant at Rourkela Steel Plant (RSP) of the SaIL. Negotiations went on between SaIL and the said persons and in or about 17th June 2021, Notice Inviting Tenders (NIT) was published.
4. Corrigenda were
The employer must be allowed due leverage in the distribution of state largess, and the relaxation of eligibility criteria can be lawful and permissible if it does not prejudice potential bidders. Ad....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
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.
Point of Law : An order which has not been brought on record in a writ petition cannot be set aside by this Court in exercise of its power of judicial review.
The main legal point established in the judgment is the limitation of judicial review in tender matters, the need for commercial prudence in evaluating tenders, and the importance of fairness and non....
Judicial review of tenders limited to arbitrariness or malafide; eligibility conditions upheld if public interest served with multiple qualified bidders; bid time reduction valid with approval; ineli....
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