Back
MANISH CHOUDHURY
Shree Ganesh Traders – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
1. The writ petitioner has instituted both the writ petitions – W.P.[C] no. 4980/2022 & W.P.[C] no. 54/2023 – under Article 226 of the Constitution of India laying challenge to competitive bidding processes initiated for ‘Outstanding of Dietary Services’ for patients of the institution, Fakhruddin Ali Ahmed Medical College & Hospital, Barpeta [‘the FAAMC&H, Barpeta’, for short]. While the writ petition, W.P.[C] no. 4980/2022, instituted first in point of time, is relatable to a decision taken by the respondent authorities for cancellation of the bidding process initiated by a Tender Notice [e-Tender] dated 27.05.2022 by a Cancellation Notice/Order [e-Tender] dated 29.07.2022, the subsequent writ petition, W.P.[C] no. 54/2023 has been preferred seeking setting aside and quashing of a Tender Notice [e-Tender] dated 05.08.2022.
2. The writ petitioner, M/s Shree Ganesh Traders is a proprietorship firm. It is claimed that it deals inter-alia in providing dietary services. It is stated that it has rendered dietary services at the FAAMC&H, Barpeta for about 11 [eleven] years apart from providing similar dietary services at the Silchar Medical College & Hospital, Silchar [‘SMC&H,
The authority may cancel a tender without reason if lack of competition is evident; bidders have no enforceable rights without formal acceptance of their bids.
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The cancellation of a tender process before technical evaluation does not confer vested rights to bidders, and adherence to procurement laws is mandatory in future processes.
The tender inviting authority has the right to accept or reject any bid and to annul the bidding process at any time prior to the award of contract without assigning any reason.
The cancellation of a tender by an authority after the bidding process is complete is arbitrary unless supported by clear, substantiated justifications, reaffirming the need for transparency and fair....
Judicial intervention in tender processes is limited; courts should exercise restraint unless there is clear evidence of arbitrariness or mala fides.
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
