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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Friend Enterprise – Appellant
Versus
Consulting Engineer (Ng) – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. Hridip Kumar Das, learned counsel, appearing on behalf of the appellant in WA No. 354/2024. Also heard Mr. R. Singha, learned counsel, and Ms. M. M. Kataky, learned standing counsel, Animal Husbandry & Veterinary Department, appearing on behalf of their respective respondents in WA No. 354/2024. None has entered appearance on behalf of respondents No. 8 & 9.
Heard Ms. M. M. Kataky, learned standing counsel, Animal Husbandry & Veterinary Department, appearing on behalf of the appellants in WA No. 27/2025. Also heard Mr. R. Singha, learned counsel, and Mr. H. K. Das, learned counsel, appearing on behalf of their respective respondents in WA No. 27/2025. None has entered appearance on behalf of respondents No. 4 & 5.
2. Since the facts involved in the above-noted writ appeals are identical and in the appeals, the challenge presented being to the judgment & order, dated 23.09.2024, passed by the learned Single Judge in WP(c)3526/2024; both the writ appeals were heard together and are disposed of by this common judgment & order.
3. The appellants, herein, in above-noted writ appeals by way
The requirement of a labor license covering the specific district is essential for bid evaluation, and the interpretation by the employer should be upheld unless proven arbitrary or unreasonable.
The court established that evaluation criteria in tender documents must be clearly disclosed to ensure fairness, and valid licenses under the Contract Labour Act cannot be arbitrarily deemed invalid.
Government Contract – Tender Call Notice – Judicial review in these matters is equivalent to judicial restraint in these matters. Writ court does not have expertise to correct such decisions by subst....
Judicial review in tender matters is limited to preventing arbitrariness; courts should defer to the authority's interpretation of tender documents unless clear malafides or perversity are present.
The decision of the employer in interpreting the conditions of eligibility in a tender document must be respected unless it is shown to be arbitrary, outrageous, and highly unreasonable.
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....
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
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