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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Frigorifico Allana Pvt. Ltd. – Appellant
Versus
East Delhi Municipal Corporation – Respondent
JUDGMENT :
1. The present Writ Petition has been filed challenging the email dated 15.12.2020 whereby the East Delhi Municipal Corporation (“Respondent No.1” or “Respondent Corporation” or “EDMC”) and the Director of the Veterinary Services Department of EDMC (“Respondent No.2”), has declared that the consortium of three members, i.e., M/s Qureshi International Private Ltd., M/s Fresh N Frozen Food Tech Private Ltd., M/s DS Max (“Respondent No.3” or “Respondent Consortium”) has qualified in the technical bid for the Tender bearing NIT NO. EDMC/ADVS/GSH/2020/002 dated 20.07.2020floated by Respondent No. 2. [“Subject Tender”]. The Petitioner has prayed for the following relief in the instant Writ Petition:
2. Direct Respondents quashing the impugned letter dated 15.12.2020 to the extend that Bidder No.2 is technically disqualified;
3. Direct the Respondents to declare the Bidder No. 2/Consortium not fulfilling the technical
The decision of the tendering authority to qualify a bidder and the form of bid security submitted by the bidder should not be interfered with unless there is a clear case of arbitrariness, unreasona....
The court emphasized the importance of fair and transparent decision-making in tender evaluations, asserting judicial review is warranted when actions of administrative bodies exhibit arbitrariness b....
Judicial review in tender matters is limited to assessing procedural fairness, not the merits of the tender conditions, which are determined by the tendering authority.
Remitted the matter back to the High Court for deciding the matter on merits even when the subject tender had already been finalized and the purchase order had been issued to the successful.
The court upheld the tendering authority's discretion in setting eligibility criteria, emphasizing limited judicial review focused on procedural fairness rather than the merits of the decision.
The court upheld the validity of tender disqualification based on non-compliance with specified documentation requirements, affirming the decision-making integrity of the evaluation committee.
The person claiming justice and equity must come with clean hands.
The court emphasized strict compliance with tender conditions, ruling that the Local Content Certificate must be submitted in the name of the Joint Venture, and deviations from prescribed formats are....
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