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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D.KARIA, L.S.PIRZADA
Rameshbhai Gangaram Patel – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
BHARGAV D. KARIA, J.
1. Heard learned advocate Mr. S.P Majmudar with learned advocate Mr. Arpit Kataria appearing for the petitioners and learned Assistant Government Pleader Ms. Nirali Sarda for the respondent.
2. By this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs :-
“A YOUR LORDSHIPS may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction, quashing and setting aside the impugned tender bearing tender ID 255014-2025, dated 18.12.2025 (Annexure 3, herein above) to the extent of Condition No. 26 of Clause No. 4.17 "General Terms of the said tender and further be pleased to direct the Respondent No. 02 herein to frame and finalize the tender conditions of the said Impugned tender bearing tender ID 255014-2025, dated 18.12.2025 (Annexure), herein above) in accordance with the Government Resolution dated 01.03.1988 (Annexure A herein above), in the interest of justice.
B. During the pendency and final disposal of the present petition, YOUR LORDSHIP may be pleased to stay the process and operation of the impugned tender bearing tender ID 255014-2025, dated 18.12.2025 (Annexure
Tender conditions permitting out-of-state participation enhance competition and do not violate constitutional provisions regarding fairness and freedom of trade.
(1) Government Contract – Tender – Doctrine of level playing field requires that gates of competition be opened to all who are equally placed.(2) Government Contract – Tender – Eligibility criteria m....
Tender conditions cannot differentiate based on ownership without rational basis, violating constitutional principles of equality and fairness. (Articles 14 and 19(1)(g))
Judicial review of tender conditions is restricted to cases of arbitrariness or unreasonableness, reinforcing that the authority determining eligibility criteria has the discretion and expertise in c....
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 emphasized that the process adopted by the authorities should not be intended to favor someone, and there should be no mala fide or public interest affected for the impugned tender to be qu....
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....
The court affirmed that stringent eligibility criteria in public tender processes cannot violate statutory relaxations for Start-ups, emphasizing limited grounds for judicial review.
Tender conditions upheld as reasonable for bidder integrity, safety and compliance; judicial review in contracts limited to arbitrariness, mala fides or public interest, with deference to administrat....
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