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.

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, had approached the writ Court presenting a challenge to the Notice Inviting Tender(NIT), dated 15.02.2024, issued by the authorities of the Tezpur University, inviting bids for the work “hiring of security services at Tezpur University”.

Prior to issuance of the Notice Inviting Tender(NIT), dated 15.02.2024; the authorities of the Tezpur University had, for the same work, issued a Notice Inviting Tender(NIT), dated 24.01.2024.

The appellant Association being aggrieved by the conditions set-out in the said Notice Inviting Tender(NIT), dated 24.01.2024, more particularly, the prescription made therein, with regard to the manner of evaluation of the technical bids of the bidders, had submitted a representation in the matter. The said representation was considered by the authorities of the Tezpur University and thereafter, the said Notice Inviting Tender(NIT), dated 24.01.2024, was cancelled leading to the issuance of a fresh Notice Inviting Tender(NIT), dated 15.02.2024, with modification in the technical bid evaluation criteria.

The appellant Association raising a grievance that the evaluation criteria for the technical bids, as laid-out in Section (D) of the Notice Inviting Tender(NIT), dated 15.02.2024, was restrictive in nature and that the technical bid evaluation criteria were so prescribed with the sole objective of ousting the members of the appellant Association as well as other local intending tenderers from the purview of the tender process, had approached the writ Court presenting a challenge to the Notice Inviting Tender(NIT), dated 15.02.2024.

The appellant Association had also prayed before the writ Court for issuance of a fresh Notice Inviting Tender(NIT), dated 15.02.2024, by modifying the technical bid evaluation criteria and to prescribe the same in accordance with the earlier Notice Inviting Tenders, dated 19.02.2018, and/or, 17.02.2023.

The learned Single Judge upon considering the issues arising in the said writ petition, was pleased vide order, dated 16.05.2024, in WP(c)956/2024, to dismiss the said writ petition, negating the claim made by the appellant Association, herein, for interference with the Notice Inviting Tender(NIT), dated 15.02.2024.

The operative portion of the order, dated 16.05.2024, passed by the learned Single Judge in WP(c)956/2024, being relevant, is extracted hereinbelow:

“[9.] As can be seen, the petitioner is aggrieved with the manner in which marks/points have been allotted in order to qualify the technical bid evaluation of the tender notice dated 15.02.2024, on the ground that the same is unlike the earlier tender notice issued by the University particularly on 19.02.2018 and on 17.02.2023. According to the petitioner, the earlier tender notice for hiring security services for the University laid down certain t