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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Sungrace Energy Solutions Private Ltd. – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. The present Writ Petitions have been filed by the Petitioners, impugning various notifications in the nature of Office Memoranda, Corrigenda and Amendments (collectively, "impugned notifications") that have been issued by Respondent No.1, the Union of India through the Ministry of New & Renewable Energy and Respondent No. 2, Solar Energy Corporation of India Limited (hereafter, "SECI") from time to time, in respect of a tender dated 31.12.2022 floated inter alia for the purpose of Design, Manufacture, Supply, Transport, Installation, Testing and Commissioning of Off-Grid Solar Photovoltaic Water Pumping Systems (SPWPS) of 1-10 HP capacities (hereafter, "Tender dated 31.12.2022").
2. The Petitioners herein are prospective bidders aggrieved by the impugned notifications. SECI is the designated nodal agency for floating and executing procurement contracts under the aegis and administrative control of Respondent No. 1, i.e., Union of India through the Ministry of New and Renewable Energy.
3. The thrust of the Petitioners' challenge before us is that by virtue of the Impugned Notifications dated 02.02.2023, 17.02.2023, 16.03.2023 and 21.03.2023, terms and conditions of th
Limited scope of interference in tender processes and the authority's discretion to modify tender terms for efficiency and public interest.
The main legal point established in the judgment is that the Courts should exercise restraint in interfering with tender matters, and their intervention should be limited to preventing arbitrariness,....
Judicial review in tender matters is limited to assessing arbitrariness, irrationality, or mala fides; decisions should reflect fair competition and not accommodate late submissions of corrected bids....
Judicial review in tender matters is limited; courts should not interfere unless actions are arbitrary, discriminatory, or biased.
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