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KARDAK ETE
Orion Health Foods Private Limited – Appellant
Versus
State of AP – Respondent
JUDGMENT :
Heard Mr. G. N. Sahewalla, learned Senior Counsel assisted by Mr. A. K. Sahewalla, learned counsel for the petitioner in WP(C)/115(AP)/2024; Mr. S. Dutta, learned Senior Counsel assisted by Ms. I. Das, learned counsel and Ms. N. Anju, learned counsel for the petitioners in WP(C)/93(AP)/2024, WP(C)/105(AP)/2024 and WP(C)/227(AP)/2024 and respondent No. 5 in WP(C)/115(AP)/2024. Also heard Mr. R. H. Nabam, learned Additional Advocate General assisted by Ms. P. Pangu, learned Government Advocate for the State respondents in all the writ petitions. None appears for the private respondent Nos. 6 & 7, despite service of notices.
2. In view of the similar factual background and law, present bunch of writ petitions were heard analogously and the same are disposed of by this common judgment and order.
3. By filing these Writ Petitions, the petitioners have put to challenge the terms and conditions incorporating qualification points as Annexure-B pertaining to Notice inviting e-Tender bearing no. DWCD-14/4/2021[C-11400], dated 20.02.2024, issued by the Secretary, Women & Child Development Department, Government of Arunachal Pradesh, inviting bids from the manufacturer of repute with p
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.
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
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.
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....
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 ....
Judicial review in tender matters is limited; courts should not interfere unless actions are arbitrary, discriminatory, or biased.
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