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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
| Table of Content |
|---|
| 1. petitioner's background and relevance of tender notice. (Para 3 , 4 , 5) |
| 2. violation of statutory relaxations for start-ups. (Para 6 , 7 , 8 , 9) |
| 3. arbitrariness and lack of transparency in tender process. (Para 10 , 11 , 12 , 14 , 15) |
| 4. court’s limitations on interference in tender matters. (Para 16 , 18 , 19 , 23 , 24 , 25 , 26 , 27) |
| 5. judicial review principles regarding tender processes. (Para 21 , 22 , 28) |
| 6. writ petition dismissed. (Para 29) |
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
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 in tenders limited to mala fides, arbitrariness, irrationality impacting public interest; courts defer to authority's interpretation of eligibility unless perverse.
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....
Judicial review of tenders limited to arbitrariness or malafide; eligibility conditions upheld if public interest served with multiple qualified bidders; bid time reduction valid with approval; ineli....
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....
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