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SUMAN SHYAM
Rsvcpl Akg Jv C/o- Ashim Kumar Ghosh – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Suman Shyam, J. - Heard Mr. N. Dutta, learned senior counsel assisted by Mr. N.N.B. Choudhury, learned counsel appearing for the writ petitioner. Also heard Mr. A. Dasgupta, learned senior counsel assisted by Mr. G. Goswami, learned Standing Counsel, N.F. Railways authorities i.e. respondents Nos 2 and 3 and Mr. K.N. Choudhury, learned senior counsel assisted by Mr. R.M. Deka, learned counsel representing the respondent no. 5. None appears for the respondent no.1 Union of India. The name of the respondent no. 4 has been struck of by the order dated 10-11-2020 passed by this Court.
2. Considering the urgency expressed in this matter and as agreed to by the learned counsel for all the parties, this writ petition is being taken up for disposal at the stage of admission hearing.
3. The minutes of the Tender Committee meeting held on 18/06/2020 rejecting the technical bid submitted by the petitioner has been assailed in the present writ petition, interalia, on the ground that the decision of the Tender Committee is not only arbitrary and illegal but the same is also in violation of the order dated 03/06/2020 passed by this Court in WP(C) No. 1897/2020.
4. The facts necessary for di
The court emphasized the importance of adhering to essential tender conditions and minimal judicial interference in matters of government contracts, upholding the Tender Committee's decision to rejec....
The main legal point established in the judgment is the requirement for strict compliance with essential conditions in a tender, and the need for substantial compliance with the broader objectives of....
Judicial review in tender matters is limited to assessing procedural fairness, not the merits of the tender conditions, which are determined by the tendering authority.
The court upheld the tendering authority's discretion in setting eligibility criteria, emphasizing limited judicial review focused on procedural fairness rather than the merits of the decision.
Important Point – Government Contract – Tender – Public authorities have to ensure that no bias, favouritism or arbitrariness are shown during bidding process and that entire bidding process is carri....
The court affirmed that the interpretation of tender conditions by the authority is paramount, and minor technical deficiencies do not justify judicial intervention.
The court emphasized the limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
The court upheld the authority's discretion in evaluating tender bids, emphasizing the need for compliance with mandatory conditions and the absence of arbitrariness in disqualification decisions.
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