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IN THE GAUHATI HIGH COURT, (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
VIJAY BISHNOI, CJ., N. UNNI KRISHNAN NAIR
All Assam Private Security Agencies Association, represented by its President – Appellant
Versus
Tezpur University, represented by its Vice Chancellor – Respondent
| Table of Content |
|---|
| 1. overview of writ appeal (Para 1 , 2 , 3) |
| 2. arguments against technical bid evaluation criteria (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. defense of the technical evaluation process (Para 10 , 12 , 14) |
| 4. importance of judicial restraint in tender evaluations (Para 11 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. judicial review principles for tender decisions (Para 22 , 23 , 24 , 25 , 26 , 27) |
| 6. confirmation of the learned single judge's findings (Para 28 , 29 , 30 , 31) |
| 7. final dismissal of the appeal (Para 32 , 33) |
JUDGMENT :
(N. Unni Krishnan Nair, J.)
Heard Mr. N. Deka, learned counsel, appearing on behalf of the appellant. Also heard Mr. S. C. Keyal, learned standing counsel, Tezpur University, appearing on behalf of respondents No. 1, 2, 3 & 4; and Mr. Amit Grover, along with Mr. B. Borgohain, learned counsels, appearing on behalf of respondent No. 5.
2. The present intra-Court appeal has been instituted by the appellant, herein, assailing the order, dated 16.05.2024, passed by the learned Single Judge in WP(c)956/2024.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed, as under:
The appellant Association, herein, as petitioner,
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.
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 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.
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....
Judicial review of tender processes is limited; courts should respect the authority's discretion unless there is clear evidence of arbitrariness or irrationality.
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
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