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SANJAY KUMAR MEDHI
Sibaram Deka – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
1. The Hon’ble Supreme Court in the landmark cases of Michigan Rubber (India) Ltd. v. State of Karnataka, (2012) 8 SCC 216 has laid down certain principles to be followed in matters pertaining to distribution of State largesse by way of tender. In paragraph 23 of the said judgment, the following has been stated :
(a) The basic requirement of article 14 is fairness in action by the State, and non-arbitrariness in essence and substance is the heartbeat of fair play. These actions are amenable to the judicial review only to the extent that the State must act validly for a discernible reason and not whimsically for any ulterior purpose. If the State acts within the bounds of reasonableness, it would be legitimate to take into consideration the national priorities;
(b) Fixation of a value of the tender is entirely within the purview of the executive and the courts hardly have any role to play in this process except for striking down such action of the executive as is proved to be arbitrary or unreasonable. If the Government acts in conformity with certain healthy standards and norms such as awarding of contracts by
The main legal point established in the judgment is the importance of fairness, non-arbitrariness, and reasonableness in state actions related to tender distribution, emphasizing the state's objectiv....
The main legal point established in the judgment is that in matters of tender, the State has the freedom to formulate conditions and the court should exercise judicial restraint, ensuring fairness an....
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 formulation of tender conditions falls within the administrative domain of the authority, and judicial review is limited to preventing arbitrariness or favoritism. The courts cannot interfere wit....
The participation in a tender process waives the right to subsequently challenge its conditions unless proven arbitrary or illegal.
The court affirmed that stringent eligibility criteria in public tender processes cannot violate statutory relaxations for Start-ups, emphasizing limited grounds for judicial review.
Tender conditions upheld as reasonable for bidder integrity, safety and compliance; judicial review in contracts limited to arbitrariness, mala fides or public interest, with deference to administrat....
Judicial interference in the matter of tenders and contracts is limited and the court should exercise restraint in interfering with the administrative decision-making process.
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