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DELHI HIGH COURT
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
JMC Projects (India) Limited – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash the impugned om. (Para 1 , 2 , 3) |
| 2. arguments against the impugned om being bad in law. (Para 4) |
| 3. impact of impugned om on bidders and competition. (Para 5 , 6 , 7 , 8 , 9) |
| 4. discussion on article 14 and its implications. (Para 10 , 11) |
| 5. framework for evaluating the rational classification under article 14. (Para 12 , 13 , 14 , 15) |
| 6. classification must be reasonable with a rational nexus. (Para 18 , 19) |
| 7. distinction between legal entities in assessing eligibility. (Para 22 , 23 , 25) |
| 8. rationale for judicial intervention in arbitrary government action. (Para 24 , 28) |
| 9. court quashes the impugned om and allows the writ petition. (Para 30 , 31) |
JUDGMENT
Subramonium Prasad, J. The instant writ petition has been filed seeking the quashing and setting aside of Office Memorandum No. DG/SOP/5 dated 10.01.2020 issued by Respondent No.2, i.e. the Central Public Works Department (CPWD) pertaining to "Modification in initial criteria for eligibility in SOP Annexure-24, Para 7.3 (CPWD Works Manual 2019)".
2. The facts leading to the instant petition are that vide Office Memorandum No. DG/SOP/5 dated 10.01.2020 (hereinafter referred to as "Impug
The amendment to the eligibility criteria for bidders in the CPWD Works Manual is deemed arbitrary and violative of Article 14, creating an unjust distinction between bidders based on their subsidiar....
Fairness cannot be a one-way street. The fairness required of the Financial Corporations cannot be carried to the extent of disabling them from recovering what is due to them. While not insisting upo....
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
Point of Law – The principles that emerge from the above precedents are, the writ court has limited jurisdiction in matters concerning contracts and invitation to bid for contract; Court must adopt r....
Court upheld that tender condition excluding bidders who applied for CDR is not arbitrary, ensuring public interest and project completion.
The classification of security agencies based on employment of ex-servicemen is reasonable and does not violate Articles 14 and 19(1)(g) of the Constitution, promoting welfare and ensuring qualified ....
The court upheld the authority's discretion in setting eligibility criteria for tenders, emphasizing that judicial review is limited to cases of arbitrariness or unreasonableness.
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....
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