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SATISH CHANDRA SHARMA, SANJEEV NARULA
Shreejikrupa Project Limited – Appellant
Versus
Telecommunication Consultants India Limited – Respondent
JUDGMENT
Satish Chandra Sharma, C.J. The Petitioner before this Court, a company, incorporated under the Companies Act, 1956 has filed the present petition for issuance of an appropriate writ, order or direction, declaring the Respondent No.2 as technically unqualified bidder and to quash the order dated 24.06.2023 issued by Respondent No.1 to the extent that it declares Respondent No.2 as Techno Commercially Qualified.
2. The facts of the case reveal that the Respondent No.1 Telecommunications Consultants India Ltd. (TCIL) is a Government of India undertaking established in the year 1978 under the administrative control of the Department of Telecommunications (DOT), Ministry of Communications, Government of India. The Respondent No.1, on 28.04.2023, issued a Notice Inviting Tender (NIT) for construction of Tura Medical College Phase-II for extension of Existing Tura Civil Hospital 230 beds at Tura, Meghalaya on EPC Mode-III. The total estimate cost of the same is Rs.136.10 crores.
3. The Petitioner, Respondent No.2 and two others also submitted their response to the NIT and a corrigendum was also issued on 19.05.2023. The Petitioner raised a query with respect to minimum 3 star r
Judicial interference in the matter of tenders and contracts is limited and the court should exercise restraint in interfering with the administrative decision-making process.
The court emphasized the limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
The interpretation of eligibility criteria in public tenders is best determined by the tendering authority, and judicial review is limited to preventing arbitrariness or mala fides.
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
Judicial review in tenders limited to mala fides, arbitrariness, irrationality impacting public interest; courts defer to authority's interpretation of eligibility unless perverse.
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