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ARUP KUMAR GOSWAMI, RAKESH MOHAN PANDEY
J. P. Drags, through Proprietor Deepak Pannalal – Appellant
Versus
State of Chhattisgarh, through Secretary, Social Welfare Department – Respondent
JUDGMENT :
Rakesh Mohan Pandey, J.
1. By way of instant petition, the petitioner has challenged the action of respondent authorities, whereby the respondent authorities, in violation of the Request For Empanelment (hereinafter referred to as RFE) Guidelines issued by the Department of Social Welfare, Govt. of Chhattisgarh, have declared the respondent No. 3 as successful L-1 bidder.
2. The matter in brief, is that, the petitioner was L-3 bidder in the bidding invited by respondent No. 2 through online mode on 21.06.2022 for supply of Motorized Battery Operated Tricycles for the Persons with Disabilities (for short, ‘PwDs’) within the State of Chhattisgarh in the prescribed format for empanelment. Respondent No. 3 was successful L-1 bidder in the tender No. 107649 dated 24.08.2022. Earlier, an interim order was passed restraining issuance of work order till the next date of hearing. The said order has been extended from time to time till its final hearing. The petitioner has sought relief for quashing of the decision of the respondent authorities in holding respondent No. 3 as succ
Judicial review in tenders limited to mala fides, arbitrariness, irrationality impacting public interest; courts defer to authority's interpretation of eligibility unless perverse.
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
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 limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
The court emphasized the limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
Judicial review of tender criteria is limited to instances of proven arbitrariness or discrimination; valid justifications for increased financial thresholds can be upheld to promote efficiency and e....
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