RAMESH SINHA, SACHIN SINGH RAJPUT
Janmitram Kalyan Samiti – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Ramesh Sinha, C.J.
1. The petitioner has prayed for the following reliefs:
10.2 A writ and/or an order in the nature of appropriate writ do issue, directing the respondent authorities to reject the bid of respondent No. 3 after declaring the respondent No. 3 disqualified/ineligible and be further pleased to quash the consequent work order dated 09.02.2021, being rendered unresponsive because of aforesaid disqualification/ineligibility in technical evaluation.
10.3 A writ and/or an order in the nature of appropriate writ do issue directing the respondent authorities to award the contract to the petitioner for the fact of being the lowest Bidder in final score after disqualification of the respondent no.3.
10.4 Cost of the proceedings.
10.5 Any other writs and directions that may be deemed it and just in the facts & circumstances of case.”
2. The facts, in brief, as projected by the petitioner are that the petitioner is a Non-Government Organization (for short, the NGO) registered under the
Air India Ltd. v. Cochin International Airport Ltd.
Association of Registration Plates v. Union of India and Others
B.S.N. Joshi & Sons Ltd. v. Nair Coal Services Ltd. reported in (2006) 11 SCC 548
Jagdish Mandal v. State of Orissa and Others
Silppi Constructions Contractors v. Union of India
Tata Cellular v. Union of India reported in (1994) 6 SCC 651
The court upheld the authority's discretion in evaluating tender bids, emphasizing the need for compliance with mandatory conditions and the absence of arbitrariness in disqualification decisions.
The court emphasized the importance of fair and transparent decision-making in tender evaluations, asserting judicial review is warranted when actions of administrative bodies exhibit arbitrariness b....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The evaluation of tender bids must comply strictly with the qualifications defined in the tender, and any deviation or submission of erroneous documents leads to disqualification.
The court emphasized the importance of restraint and caution in exercising judicial review in contractual matters, and highlighted the authority's discretion in interpreting tender terms and conditio....
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