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N. KOTISWAR SINGH, SOUMITRA SAIKIA
Trident Enterprise – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
N.KOTISWAR SINGH, J.
Heard Mr. D. Das, learned Senior counsel assisted by Mr. M. Dewan, learned counsel for the appellant in both the appeals. Also heard Ms. M. Kechii, learned Additional Senior Government Advocate, Nagaland, appearing for respondent Nos.2-8 and Mr. S.S. Roy, learned CGC, appearing for respondent No.1.
2. These two appeals arise out of the common judgment and order rendered on 4/8/2021 by the learned Single Judge in WP(C) No.71/2020, WP(C) No.72/2020 and WP(C) No.94/2020, but confined to only two writ petitions. The WA No.328/2021 is preferred against the decision rendered in WP(C) No.94/2020 and the WA No.329/2021 is preferred against the decision rendered in WP(C) No.72/2020. As far as the WP(C) No.71/2020 is concerned the appellant has not preferred any appeal and as such, though the said common judgment and order was rendered in respect of three writ petitions i.e. WP(C) Nos.71/2020, 72/2020 & 94/2020, we are concerned only with the issues raised in WP(C) Nos.72/2020 and 94/2020.
3. Before we deal with the grounds raised in these appeals, certain bac
The faulty application of the value of 'N' in the calculation of available bid capacity led to the illegal and arbitrary rejection of the petitioner's bid.
A bidder must demonstrate work experience 'in his own name' as per tender requirements; failure to hear a necessary party warrants review.
The court ruled that bids below the justified rate are non-responsive, emphasizing judicial respect for expert evaluations in tendering processes.
The decision to award a tender contract must be arrived at after objective consideration and evaluation and cannot be interfered with if not found to be arbitrary, malafide, irrational, unreasonable,....
Rule 23(16)(iv) of Assam Public Procurement Act, 2020 is reproduced Bidders securing specified minimum percent of marks or having fulfilled specific minimum achievement norms as fixed may be consider....
In tender matters, judicial review is limited; courts defer to tender authority's bid responsiveness assessment unless arbitrary, mala fide or perverse, prioritizing public interest in infrastructure....
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