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DELHI HIGH COURT
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Delhi Electrical Contractor Welfare Association – Appellant
Versus
BSES Yamuna Power Ltd. – Respondent
| Table of Content |
|---|
| 1. nature of the impugned nits and eligibility criteria (Para 1 , 2 , 3 , 4) |
| 2. petitioner's argument against the qualification criteria increase (Para 5 , 6 , 11 , 12) |
| 3. respondents' rationale for increased qualification criteria (Para 7 , 10) |
| 4. judicial review principles in tender matters (Para 13 , 14 , 27) |
| 5. legal principles guiding the terms of tender (Para 15 , 16 , 22 , 23) |
| 6. court's decision to dismiss the petition (Para 29) |
JUDGMENT
Subramonium Prasad, J. The instant Writ Petition has been filed by the Delhi Electrical Contractor Welfare Association ("Petitioner/Petitioner Association") under Article 226 of the Constitution of India seeking issuance of a necessary writ, order or direction to quash the Notice Inviting Tender (hereinafter referred to as `the NIT') dated 11.06.2022 bearing NIT No.CMC/BY/22-23/RS/SVS/AS/17 issued by BSES Yamuna Power Limited ("Respondent No.1/BYPL"), and the NIT dated 11.06.2022 bearing NIT No.CMC/BR/22-23/RB/CR/DG/1036 issued by BSES Rajdhani Power Limited ("Respondent No.2/BRPL") for "award of AMC of Electricity Distribution Network consisting of EHV Grids, 11 KV network, Street light and meter installation" (hereinafter collec
Judicial review of tender criteria is limited to instances of proven arbitrariness or discrimination; valid justifications for increased financial thresholds can be upheld to promote efficiency and e....
It is well-settled that Courts are not meant to vet tender conditions and rewrite the same based on their own understanding, unless the conditions are manifestly arbitrary or smack of mala fide.
Eligibility criteria in public tenders can restrict competition based on objective assessments of capacity, and courts should defer to tendering authorities unless conditions are arbitrary or detrime....
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
The court established that tender conditions set by authorities are subject to judicial review only if they are manifestly arbitrary or unreasonable, and that the authority has the discretion to dete....
Point of Law : The author of the document is the best person to understand and appreciate its requirement, further observing that it is possible that the owner or employer of the project may give an ....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The formulation of tender conditions falls within the administrative domain of the authority, and judicial review is limited to preventing arbitrariness or favoritism. The courts cannot interfere wit....
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