The court affirmed that stringent eligibility criteria in public tender processes cannot violate statutory relaxations for Start-ups, emphasizing limited grounds for judicial review.

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 provided under Chhattisgarh Store Purchase Rule, 2002 (Amendment 2025), and or grant exemption to the petitioner from past experience and minimum average annual turnover in the facts and circumstances of the case.

iv. Any other order that may be deemed fit and just may also kindly be made including cost of the petition.”

3. Brief facts of the case are that petitioner, Singhaniya Furniture Manufacturing Business Private Limited, is a company duly incorporated under the provisions of the Companies Act, 2013 and is entitled to the fundamental rights guaranteed under Part III of the Constitution of India. The petitioner is engaged in the business of manufacturing home furnishing products, including specialty wooden and metal furniture, and holds all requisite registrations, licenses and certifications issued by the Government of India and the State authorities.

4. The petitioner is a Chhattisgarh-based Start-up, having its manufacturing unit situated at District Janjgir-Champa, and is duly recognized under the Start-up India Initiative with DPIIT Recognition No. DIPP159444. The petitioner also possesses a valid production license issued by the District Trade and Industries Centre, Janjgir-Champa.

5. The present petition arises out of a tender notice dated 09.01.2026 issued by the respondent State authorities for the supply of classroom stools, metal shelving racks, chairs, office tables and other furniture items. As per the tender notice, the last date for submission of bids is 30.01.2026 up to 13:00 hours, and the technical bids are scheduled to be opened on the same day at 13:30 hours.

6. The petitioner submits that the impugned tender conditions deny and expressly exclude statutory relaxations meant for Start-ups and Micro & Small Enterprises (MSEs). The bid document categorically states: “Startup relaxation for years of experience and turnover: No”, and further mandates a minimum average annual turnover of Rs.780 lakh along with 80% past performance of the total bid quantity as an eligibility criterion.

7. The petitioner submits that the aforesaid conditions are arbitrary, discriminatory and in direct violation of Rule 4.2(2) and Rule 4.2(5) of the Chhattisgarh Store Purchase Rules, 2002 (as amended in 2025), which explicitly provide relaxation in experience, turnover and past performance requir