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SUDHANSHU DHULIA, SOUMITRA SAIKIA
TAFE Motors and Tractors Ltd. – Appellant
Versus
State of Assam, Represented by the Principal Secretary to the Government of Assam, Agriculture Department, Dispur, Guwahati – Respondent
JUDGEMENT :
Soumitra Saikia, J.
This Writ Appeal arises out of a common Judgment and Order dated 01.06.2021 passed by the learned Single Judge whereby the challenge made to the fresh financial price bids called for by the respondents and the prayers for not giving effect to the fresh financial bids submitted, were negated and the writ petitions were dismissed.
2. Under the Chief Minister Samagra Gramya Unnayan Yojna, Jaya Nagar, (CMSGUY) Khanapara, Guwahati scheme, it was decided that Tractors and Matching Implements were to be supplied in villages to members of the farming community across the State of Assam through beneficiary groups. In pursuance to the said scheme, by a Notice dated 04.02.2019, the Director of Agriculture, Government of Assam invited competitive rates for Tractors and Matching Implements from the manufacturers of tractors for phase-II of the scheme for distribution of tractors unit under the Chief Minister Samagra Gramya Unnayan Yojna, Jaya Nagar, Khanapara, Guwahati. By the NIT Bids were invited for supply of Tractors and Matching Implements in the following
Point of Law : Deviation in the NIT resorted to by the State was arbitrary and therefore colourable, the appellants are at liberty to pursue other legal remedies, before any appropriate forum of law,....
Point of law: Tender/Contract – Judicial Review - Equal opportunity granted to all technically qualified bides – No question of violation of fundamental rights.
The court upheld the award of a contract based on public interest considerations, affirming that deviations from tender procedures do not necessarily invalidate the process if no responsive competito....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The court upheld that the re-evaluation of abnormally low bids by a constituted Sub-committee was proper, ensuring adherence to fair evaluation standards in public procurement processes.
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 ruled that bids below the justified rate are non-responsive, emphasizing judicial respect for expert evaluations in tendering processes.
Judicial review of tender criteria is limited to instances of proven arbitrariness or discrimination; valid justifications for increased financial thresholds can be upheld to promote efficiency and e....
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