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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, C.J., RAVINDRA KUMAR AGRAWAL
Jai Ambey Emergency Services (I) Pvt. Ltd. – Appellant
Versus
State of Chhattisgarh Through Principal Secretary, Department of Health And Family Welfare – Respondent
ORDER :
Ramesh Sinha, C.J.
1. Heard Mr. Mr. Brain Da Silva, learned Senior Advocate assisted by Mr. Sarabvir Singh Oberai, learned counsel for the petitioner. Also heard Mr. Praveen Das, learned Additional Advocate General, appearing for the State/ respondent No.1, Mr. Trivikram Nayak, learned counsel, appearing for respondent No.2 / Chhattisgarh Medical Services Corporation Limited and Mr. S.C. Verma, learned Senior Advocate assisted by Mr. Devashish Tiwari, Ms. Ruchi Nagar, Mr. Shiv Sewak and Mr. Dinesh Yadav, learned counsel, appearing for respondent No.3.
2. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking following reliefs :
“i. Issue a Writ of appropriate nature holding that the tender process initiated vide NIT dated 24.09.2025 is not fair, transparent, non-discriminatory and therefore needs to be set aside.
ii. Issue a Writ of Certiorari quashing the impugned Technical Evaluation Criteria and marking system as provided in clause 3.5 of the tender document dated 24.09.2025 (Annexure P-10), as the same is bad in law.
iii. Issue a Writ of Mandamus or any other Writ thereby directing the Respondents to initiate a fresh
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
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 conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
The court affirmed that stringent eligibility criteria in public tender processes cannot violate statutory relaxations for Start-ups, emphasizing limited grounds for judicial review.
The main legal point established in the judgment is the need for free play in the joints by the authorities and the interest of public service. The court emphasized the importance of minimal interfer....
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