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KALYAN RAI SURANA
Saptarshi Industries – Appellant
Versus
State of Assam Represented By the Commissioner and Secretary – Respondent
JUDGMENT :
Heard Mr. K.P. Pathak, learned Senior Counsel, assisted by Mr. A. Baruah, learned counsel for the petitioner. Also heard Mr. D. Mozumdar, learned Addl. Advocate General, assisted by Mr. K. Goswami, learned Addl. Senior Govt. Advocate for the State respondent nos. 1 to 4.
2. The petitioners in these two writ petitions are common.
a. In W.P.(C) 4106/2021, the petitioners have challenged the e-Tender notice for Supply of Uniform Chadar and Mekhela/Sarees to the Anganwadi Workers and Helpers of Anganwadi Centres and Mini-Anganwadi Centres in Assam for the Financial Year 2021-22”. Moreover, also in challenge is the Corrigendum dated 10.08.2021, by which Qualification Criteria Point No. 8 in Section 1-A NIT dated 09.08.2021, was substituted.
b. In W.P.(C) 4106/2021, the following prayers have been made, viz., (a) to set aside and quash the conditions at clause no. 1, 7, 8 and 13 of Sl. No. 1 relating to eligibility of bidders qualification criteria as prescribed in Section 1-A in the NIT dated 09.08.2021 and the corrigendum dated 10.08.2021 issued by the Director, Social Wel
Point of Law : The author of the document is the best person to understand and appreciate its requirement, further observing that it is possible that the owner or employer of the project may give an ....
Point of Law : The author of the document is the best person to understand and appreciate its requirement, further observing that it is possible that the owner or employer of the project may give an ....
Eligibility criteria in tenders must be reasonable and serve public interest, and courts will not interfere unless proven arbitrary or malicious.
The court upheld the validity of the tendering authority's criteria, emphasizing that terms are not subject to judicial review unless proven arbitrary or unreasonable.
Government procurement processes must ensure fairness and adherence to legal norms, avoiding arbitrary exclusions.
The Court emphasized the limited scope for interference in matters relating to tender/contract and the need for public interest and prudence in applying the principle of restraint.
Judicial review in tenders limited to mala fides, arbitrariness, irrationality impacting public interest; courts defer to authority's interpretation of eligibility unless perverse.
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