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MICHAEL ZOTHANKHUMA
Prabhat Fertilizer and Chemical Works – Appellant
Versus
State of Assam – Respondent
ORDER :
Michael Zothankhuma, J.
1. Heard Mr. M.K. Choudhury, learned Sr. Counsel appearing for the petitioners as well as Mr. B. Choudhury, learned Standing Counsel, Agriculture Department.
2. These three writ petitions are being taken up for disposal together, inasmuch as, the issue raised by all the three writ petitioners are similar in nature.
3. The petitioners, who are manufacturers, are aggrieved by the Corrigendum-I dated 19.10.2023, by which a condition has been added to the terms and conditions of the E-Procurement Notice/Notice Inviting Bid(NIB) dated 29.09.2023, wherein manufacturers of the goods offered are to have experience in the supply of the quoted goods, for at least 30% quantity of the quoted items, to any government departments/undertaking/ entities/PSUs, within the last five financial years, i.e., 2018-19 to 2022-23. The stand of the petitioners is that they being the manufacturers of goods, the subsequent requirement of having experience in the supply of materials to government departments is arbitrary, as the first line of contact of the manufacturers is usually their distributors/stockiest/dealers etc. and not the end user/ consumer.
4. The facts relating to the
The court held that imposing an experience requirement on manufacturers for government supply contracts, absent from the original tender documents, is arbitrary and unjustified.
Eligibility criteria in tender processes cannot be changed arbitrarily without valid justification, maintaining fairness and transparency in public procurement.
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.
The requirement for bidders to have a minimum number of experienced Biomedical Engineers on Payroll is essential for eligibility in tender processes, and the court respects the discretion of the Bid ....
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
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 review in tender matters is limited; courts should not interfere unless actions are arbitrary, discriminatory, or biased.
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