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IN THE HIGH COURT AT CALCUTTA
GAURANG KANTH
Rakesh Kumar Shaw – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Gaurang Kanth, J.
1. The writ petitions, being WPA 8748 of 2025 and WPA 9056 of 2025, have been filed challenging the tender notices bearing NIT Nos. LPG/BULK/TT/IOC/WB/2025-30, LPG/BULK/TT/ BPC/ WB/2025- 30, and LPG/BULK/ TT/HPC/WB/2025-30, issued respectively by Respondent Nos. 2, 3, and 6. WPA 8748 of 2025 has been preferred by an association, whereas WPA 9056 of 2025 has been filed by an individual. Both petitioners have raised identical grounds of challenge, and the contesting parties in both the writ petitions are the same. During the course of the hearing, arguments were advanced only in WPA 8748 of 2025. Since the same counsels are appearing in both the writ petitions, no further submissions were made in WPA 9056 of 2025.
2. In view of the above, this Court deems it appropriate to dispose of both writ petitions by a common judgment. For the sake of convenience, reference shall be made to the facts and grounds as stated in WPA 8748 of 2025.
3. The Petitioners, in the present writ petition, seek to challenge the bulk LPG transportation tenders bearing NIT Nos. LPG/BULK/TT/IOC/WB/2025-30, LPG/ BULK/ TT/BPC/WB/ 2025-30, and LPG/BULK/TT/HPC/WB/2025-30, issued respectively
: Tenderer has no right to bank upon tender when life of tender was over.
The court upheld that adherence to tender guidelines by public entities is essential, and allegations of impropriety must be substantiated for judicial intervention.
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....
The court emphasized the importance of adhering to tender conditions and equitable distribution under the MSE Policy, allowing for judicial intervention only in cases of illegality.
Reservation provisions for SC/ST in contracts are constitutionally valid and do not violate fundamental rights, reflecting affirmative action aimed at socio-economic upliftment under Article 46.
The court emphasized the limited scope of judicial review in contractual matters and highlighted the importance of fairness, non-arbitrariness, and public interest in awarding contracts.
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