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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SANJAY KUMAR MEDHI
NT Agency – Appellant
Versus
State of A.P. and Others – Respondent
| Table of Content |
|---|
| 1. challenge to bid rejection under article 226 (Para 1 , 2 , 3) |
| 2. arguments presented by petitioner against bid rejection (Para 4 , 5 , 6 , 7) |
| 3. department's defense and references to judicial precedents (Para 8 , 9 , 10) |
| 4. judicial review under contract law standards (Para 11 , 12) |
| 5. issues related to fairness and public interest in tender evaluation (Para 15 , 18) |
| 6. court's observation on technical evaluation inconsistency (Para 19) |
| 7. court's findings on the rejection order's validity (Para 20 , 21 , 23) |
| 8. discretionary power and reasons for decision consistency (Para 24 , 26) |
| 9. final order and consequences of the court's decision (Para 28 , 29 , 30) |
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. The instant petition has been filed under Article 226 of the Constitution of India, inter alia, challenging the action of the respondent authorities in rejecting the bid of the petitioner in the technical evaluation which was submitted pursuant to an NIT No. RWD/C/ TAJO/VVP/GE-PRO- 01/2024 dated 05.07.2024 for construction of L027-Road from Kremapao Road to Raro vide package No. AR-03-03268. Amongst others, the petitioner has taken the grounds that such rejection has been done in a m
Judicial review of tender rejection mandates clarity and consistency in administrative decisions, with intervention permitted only in cases of gross arbitrariness.
The court highlighted the importance of adhering to the Standard Bidding Document (SBD) and Notice Inviting Tender (NIT) requirements, including the provision of accurate information, and emphasized ....
Judicial review in tender matters limited to arbitrariness or mala fides; courts defer to authority's bid compliance assessment, refusing substitution unless perverse.
In tender matters, judicial review is limited; courts defer to tender authority's bid responsiveness assessment unless arbitrary, mala fide or perverse, prioritizing public interest in infrastructure....
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.
The court emphasized the limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
The authority to cancel a tender prevails under administrative discretion, based on the rationale of maintaining integrity, fairness, and transparency in public procurement processes.
The interpretation of eligibility criteria in public tenders is best determined by the tendering authority, and judicial review is limited to preventing arbitrariness or mala fides.
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