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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ, RAVINDRA KUMAR AGRAWAL
Singhaniya Furniture Manufacturing Business Pvt. Ltd. – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
Ramesh Sinha, CJ.
1. Heard Mr.B.P.Sharma, learned counsel for the petitioners as well as Mr.Shashank Thakur, learned Additional Advocate General appearing for the respondents.
2. The present writ petition has been filed by the petitioner with the following prayers:
“i. A writ and/or an order in the nature of appropriate writ do issue calling the records from the respondent authorities concerned pertaining to case of the petitioner for perusal of this Hon'ble Court, if thinks fit in the facts & circumstances of case.
ii. That the Hon'ble Court may please to issue appropriate order/directing/issuing writ of appropriate nature for quashing the tender condition where relaxation of year experience and turnover not provided being unreasonable or arbitrarily, illegal as the same is either tailor made in order to choose particular tender or blue eyed boys or have been made without application of mind in facts and circumstances of the case.
iii. That the Hon'ble Court may please to issue appropriate order/directing/issuing writ in the appropriate nature of commanding directing the respondent authority to allow the petitioner to participate in tender process by implementing the relaxation
The court affirmed that stringent eligibility criteria in public tender processes cannot violate statutory relaxations for Start-ups, emphasizing limited grounds for judicial review.
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
Judicial review of tender conditions is restricted to cases of arbitrariness or unreasonableness, reinforcing that the authority determining eligibility criteria has the discretion and expertise in c....
The formulation of tender conditions falls within the administrative domain of the authority, and judicial review is limited to preventing arbitrariness or favoritism. The courts cannot interfere wit....
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 is permissible in tender matters only to prevent arbitrariness; criteria should ensure fairness and cannot favor specific bidders without rational basis.
The main legal point established in the judgment is the limitation of judicial review in tender matters, the need for commercial prudence in evaluating tenders, and the importance of fairness and non....
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