Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
NITIN WASUDEO SAMBRE, AJAY DIGPAUL
Dhanvine Engineering Pvt. Ltd., Through Authorized Representative Mr. Pankaj Verma – Appellant
Versus
Delhi Jal Board, Through Chief Executive Officer Varunalaya PH-II, Jhandewalan, Karol Bagh – Respondent
| Table of Content |
|---|
| 1. tender conditions must be reasonable and cannot disqualify bidders without due process. (Para 3 , 4 , 18) |
| 2. legal framework governs tender eligibility and debarment processes. (Para 5 , 6 , 7 , 13 , 42) |
| 3. presumption of innocence applies only in criminal matters; eligibility in tenders is governed by specific criteria. (Para 10 , 11 , 12 , 41 , 44) |
| 4. public interest prevails over private commercial interests in government tender processes. (Para 14 , 15 , 35) |
| 5. court determined no interference warranted in tender conditions for public work. (Para 69 , 70 , 71) |
JUDGMENT :
NITIN WASUDEO SAMBRE, J.
1. Since the issue involved in both these writ petitions is identical, both the writ petitions are tagged and heard together, by consent of the respective counsels and are disposed of by this common judgment.
2. For the purpose of convenience, the facts in W.P(C) No.1019 of 2026 are taken into account.
3. In the petition, the petitioner has come out with the following prayers:-
“(a) Issue a writ of Certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned eligibility condition contained in the tender dated 15.01.2026 and Last date and
Tender eligibility criteria can legally disqualify bidders based on pending criminal proceedings, reflecting public interest, even without prior conviction, affirming judicial restraint in administra....
The court ruled that a tender condition disqualifying bidders based on pending FIRs is unconstitutional, violating Articles 14 and 19(1)(g), emphasizing the presumption of innocence and due process i....
The Court upheld the Corporation's authority to impose pre-qualification criteria and found that it did not amount to blacklisting the petitioner.
The main legal point established is the authority of the World Bank and monitoring agencies in setting eligibility criteria for projects, as well as the principles of fairness, non-arbitrariness, and....
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....
The decision to disqualify a bidder from a tender process does not require a reasoned order and should defer to the understanding and appreciation of the tender documents by the employer of the proje....
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.
The rejection of the petitioners' bid was justified based on their debarment for supplying substandard quality drugs, in line with the State's policy to keep such manufacturers out of the tender proc....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
