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A. Y. KOGJE, SAMIR J. DAVE
Patil Goods Transport – Appellant
Versus
Hindustan Petroleum Corporation Limited – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. RULE. Learned Advocate Mr.Manan Bhatt waives service of Rule on behalf of respondent No.1 and learned Advocate Mr.Shrikar Bhatt waives service of Rule on behalf of respondent Nos.2, 3, 4,9 and 12.
2. This petition is filed under Article-226 of the Constitution of India with prayers as under:-
A1) That the Hon’ble Court be pleased to issue writ of or in the nature of the mandamus commanding Respondent No.1 to give a preference to newer trucks over older trucks and in the event that tender no.22000869-HD-10157 issued by Respondent No.1 is interpreted to be not giving preference to newer trucks over older trucks, be pleased to quash and
The court emphasized the importance of adhering to tender conditions and equitable distribution under the MSE Policy, allowing for judicial intervention only in cases of illegality.
The court upheld the tender conditions allowing non-proportional allotment of work to MSMEs ranked as L1 without entitlement to proportionate distribution among qualified bidders.
The court upheld that 100% reservation for MSEs in public procurement is valid under the MSE Policy, rejecting claims of arbitrariness towards tender selection processes.
The court upheld that adherence to tender guidelines by public entities is essential, and allegations of impropriety must be substantiated for judicial intervention.
The rejection of a bid in a tender process should be based on merit consideration and qualification for allocation, and parties must plead and produce sufficient material to substantiate their case.
The court held that a mandatory requirement in a tender notice must be strictly followed by the tendering authority, and any deviation from such requirement without justification would amount to arbi....
Reservation provisions for SC/ST in contracts are constitutionally valid and do not violate fundamental rights, reflecting affirmative action aimed at socio-economic upliftment under Article 46.
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