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MANOJ KUMAR OHRI, POONAM A. BAMBA
S. H. Khan – Appellant
Versus
Government of NCT of Delhi – Respondent
JUDGMENT :
Manoj Kumar Ohri, J.
CM. Appl. No. 28237/2022 (Exemption) in W.P. (C) No. 9454/2022
CM. Appl. No. 28242/2022 (Exemption) in W.P. (C) No. 9457/2022
1. Allowed, subject to all just exceptions.
2. The applications are disposed of.
W.P. (C) 9454/2022 & CM. Appl. No. 28236/2022 (Stay) W.P. (C) 9457/2022 & CM. Appl. No. 28241/2022 (Stay)
1. By way of the present petitions filed under Article 226 of the Constitution of India, the petitioners have sought quashing/stay of the Notice Inviting Tenders (hereinafter, referred to as the “NITs”) dated 26.05.2022 and 27.05.2022 issued by respondent No. 2 vide NITs No. 02/EE, C-3/DUSIB/2022-23 & 03/EE, C-3/DUSIB/2022-23. The petitioners in W.P. (C) No. 9454/2022 have also prayed for extension of Work Order Nos.WF/4761/1/2022/D-497, AL-64/EEC-4/DUSIB/2021022/D-640, AL-64/EEC-4/DUSIB/2021022/D-648, AL 64/EEC-4/DUSIB/2021022/D-650 & AL-64/EEC-4/DUSIB/2021022/D-649 to them for operation, management and maintenance of Jan Suvidha Complexes (hereinafter, referred to as the “JSCs”) for two years.
2. The facts, as emanate from the pleadings, are that the petitioners-M/s S.H. Khan & Co.& Ors. in W.P. (C) 9454/2022 are Societies registered under the Socie
It is well-settled that Courts are not meant to vet tender conditions and rewrite the same based on their own understanding, unless the conditions are manifestly arbitrary or smack of mala fide.
Eligibility criteria in public tenders can restrict competition based on objective assessments of capacity, and courts should defer to tendering authorities unless conditions are arbitrary or detrime....
The court upheld that tender eligibility criteria should not be excessively onerous and affirmed that judicial interference is limited to cases where terms are arbitrary or discriminatory.
Judicial review of tender criteria is limited to instances of proven arbitrariness or discrimination; valid justifications for increased financial thresholds can be upheld to promote efficiency and e....
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....
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 imposition of arbitrary turnover requirements in tender processes, lacking rational justification, violates Articles 14 and 19(1)(g) of the Constitution, ensuring fair opportunity and competition....
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 court emphasized the mandatory nature of tender conditions and upheld the decisions of the Tender Evaluation Authority and the Appellate Authority, emphasizing the settled legal position that the....
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