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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Top Edge Security And Services Private Limited – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
1. By means of the instant Writ Petitions, the Petitioners herein have impugned the tenders issued by the Directorate of Education, GNCTD, i.e., the Respondent No. 2, vide bid numbers GEM/2022/B/2194834, GEM/2022/B/2195060, GEM/2022/B/2195292, GEM/2022/B/2195371, GEM/2022/B/2195447, GEM/B/2022/B/2195488, GEM/2022/B/2195541, GEM/2022/B/2195586, GEM/2022/B/2195734, GEM/2022/B/2195769 dated 20.05.2022(hereafter, "Impugned Tenders") for provision of security manpower services, on the basis that they contain certain arbitrary stipulations. Accordingly, it has been sought that this Court be pleased to call for records of the Impugned Tenders and consequently set them aside.
2. W.P.(C) No. 8903 of 2022 has been filed by Top Edge Security & Services Pvt. Ltd. (hereafter, "Top Edge") and W.P.(C) No. 9460 of 2022 has been filed by Good Year Security Service (R) (hereafter, "Good Year"). Since the substance of the Petitioners' challenge to the Impugned Tenders is identical, there being only slight differences in the factual matrices in the Petitions, we deem it appropriate to take W.P.(C) No. 8903 of 2022 as the lead matter for the sake of convenience.
3. The brief facts leading u
The tendering authority's decision should not be interfered with unless it is mala fide, arbitrary, or irrational.
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 is permissible in tender matters only to prevent arbitrariness; criteria should ensure fairness and cannot favor specific bidders without rational basis.
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The court established that significant deviations from tender guidelines and arbitrary evaluation criteria violate the principles of fairness and proportionality under Article 14 of the Constitution.
Judicial review in tender matters is limited to preventing arbitrariness; courts should defer to the authority's interpretation of tender documents unless clear malafides or perversity are present.
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....
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