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N. UNNI KRISHNAN NAIR
Gourpada Roy – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. S. D. Purkayastha, learned counsel for the petitioners. Also heard Ms. U. Das, learned Addl. Senior Government Advocate appearing for the State respondents.
2. The petitioners, by way of instituting the present proceeding have presented a challenge to a NIT dated 06.03.2024, issued by the Inspector General of Prisons, Assam, more particularly, to the tender conditions at Clause 4 & 44 of the “Additional Terms and Conditions” of the said NIT to the extent that the said clauses has the effect of excluding the petitioners from the said tender process.
3. The petitioners, herein, have projected that they are presently supplying dietary articles under various groups to Central Jail, Silchar; District Jails, Hailakandi & Karimganj and Sub-Jail, Haflong since the last two years on the contracts for effecting such supplies being settled with them. It is the contention of the petitioners that during the earlier years, the tenders for supply of dietary articles were being so issued by the authorities of the respective jails. However, by effecting a change in the policy, the Inspector General of Prisons, Assam, proceeded to issue an NIT dated 06.03.2024; by amalgamating six
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.
Eligibility criteria in public tenders can restrict competition based on objective assessments of capacity, and courts should defer to tendering authorities unless conditions are arbitrary or detrime....
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 upheld that tender eligibility criteria should not be excessively onerous and affirmed that judicial interference is limited to cases where terms are arbitrary or discriminatory.
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 for contracting: To foster competition, firms and individuals to offer goods, work, and services required for the program, any conditions for participation shall be limited to those that ....
Point of law: powers of judicial review are limited and while exercising such power the Court has to see whether the process adopted or decision made by the authority is malafideor is intended to fav....
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