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RAMESH SINHA, N. K. CHANDRAVANSHI
Raj Wardhan Singh – Appellant
Versus
Hindustan Petroleum Corporation Ltd. – Respondent
ORDER :
Ramesh Sinha, J.
1. In this petition, the petitioner has prayed for the following reliefs :
10.2 That, this Hon'ble Court may kindly be pleased to issue appropriate writ(s)/orders/direction declaring the impugned NITs (ANNEXURE P-1) issued by the Respondents to the extent of arbitrary conditions prescribed in the Notice Inviting Tender under clause 4) of the Special Terms and conditions Age of the Tank Trucks prescribing different Age of vehicle offered based on the location instead of prescribing the uniform age for all location, as arbitrary, illegal and irrational. Consequently, the same may kindly be struck down. Resultantly the respondent be directed to uniformly prescribe the age of Tank Trucks so as to ensure the maximum safety;
10.3 That, this Hon'ble Court may kindly be pleased to issue appropriate writ(s)/orders/direction declaring the impugned NITS (ANNEXURE P-1) issued by the Respondents to the extent of declaring clause 12 under the Price Evaluation of the tenders which prescribes for further ranking in case the
Point of Law : The author of the document is the best person to understand and appreciate its requirement, further observing that it is possible that the owner or employer of the project may give an ....
The court upheld the tender process by ONGC, affirming that the draw of lots method is reasonable and aimed at addressing local unemployment, thus not violating constitutional rights.
: Tenderer has no right to bank upon tender when life of tender was over.
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....
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 upheld the validity of the tendering authority's criteria, emphasizing that terms are not subject to judicial review unless proven arbitrary or unreasonable.
The imposition of ownership requirements for RMC/Bitumen Plants in tender processes must ensure fair competition and cannot be arbitrary or discriminatory.
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