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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Rahul Roadways – Appellant
Versus
Government of NCT of Delhi – Respondent
JUDGMENT
1. The validity of Tenders for supply and transportation of Specified Food Articles (hereinafter referred to as "SFA"), under the National Food Security Act, 2013 (hereinafter referred to as "NFSA") from godowns of the Food Corporation of India (hereinafter referred to as "FCI") to Fair Price Shops (hereinafter referred to as "FPS") located within the NCT of Delhi by allowing vehicles which are not CNG compliant falls for consideration in the instant writ petition. The controversy in the present matters is whether such tenders are in breach of the various orders passed by this Court or not. For ease of reference, W.P.(C) No. 11749/2022 is being treated as the lead matter and consequentially proceed to ascertain the fate of the other matters.
2. The Petitioners in W.P.(C) No. 11749/2022 are contractors and transporters and running their businesses as a contractor for Delhi State Civil Supplies Corporation Ltd. (hereinafter referred to as "DSCSCL") for supplying and transportation of SFAs from FCI godowns to FPSs. Respondent No. 1 is the Government of NCT of Delhi and Respondent No. 2 is DSCSL.
3. The genesis of the present dispute lies in a series of orders of this Court
Government contract - Tender Process - In event of tender being issued in favour of successful bidder and upon issuance of work order, if transport contractor or any other person, contravenes provisi....
The public interest in a time-bound nutrition program may outweigh the private commercial interest of a petitioner benefiting from the relaxation of tender conditions.
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....
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 tenders limited to mala fides, arbitrariness, irrationality impacting public interest; courts defer to authority's interpretation of eligibility unless perverse.
Eligibility criteria in tenders must be reasonable and serve public interest, and courts will not interfere unless proven arbitrary or malicious.
The court upheld that adherence to tender guidelines by public entities is essential, and allegations of impropriety must be substantiated for judicial intervention.
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