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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Well Protect Manpower Services Pvt. Ltd. – Appellant
Versus
Lady Hardinge Medical College – Respondent
JUDGMENT :
1. By way of the present Writ Petition, the Petitioner, Well Protect Manpower Services Pvt. Ltd., has impugned the letter dated 22.07.2022 (hereinafter referred to as the 'Impugned Decision') addressed by the Ministry of Health and Welfare, i.e., Respondent No. 2 herein, granting approval to Lady Hardinge Medical College, i.e., Respondent No. 1, to issue a Letter of Award in favour of Trig Detectives Pvt. Ltd., i.e., Respondent No. 3, with respect to the tender initiated by Respondent No. 1 vide Bid No. GEM/2021/B/1462748 dated 28.08.2021, inviting bids for provision of security services in its premises (hereinafter referred to as the, 'Tender'). Accordingly, the Petitioner has prayed before this Court that appropriate directions be issued for cancellation of the Impugned Decision and award of the Tender to the Petitioner.
2. The factual matrix of the case, leading to the filing of the present Writ Petition are as under:
The tendering authority's decision should not be interfered with unless it is mala fide, arbitrary, or irrational.
Limited scope of judicial review in tender matters, deferring to the decision-making process of the tendering authority unless colored in mala fide or outrightly perverse.
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The court affirmed that adherence to established tendering procedures is crucial, and deviations must be justified; otherwise, the authority's decisions should not be interfered with.
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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