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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MARLI VANKUNG
Nangnyo Nampin Multi-Purpose Co-operative Society Ltd. – Appellant
Versus
State of Arunachal Pradesh – Respondent
| Table of Content |
|---|
| 1. writ petition filed under article 226. (Para 1 , 2 , 3) |
| 2. arguments on procedural irregularities in bid evaluation. (Para 4 , 5 , 6 , 7 , 8) |
| 3. challenging respondent's qualifications and legality of bid. (Para 10 , 11 , 12 , 13 , 14) |
| 4. defense of respondent's compliance with tender requirements. (Para 15 , 16 , 17 , 18 , 19) |
| 5. court confirms petitioner's standing despite withdrawal of emd. (Para 20 , 21 , 22 , 23) |
| 6. details of the tender process and evaluation criteria. (Para 24 , 25 , 26) |
| 7. identification of defects in respondent's bid. (Para 27 , 28) |
| 8. court emphasizes fairness and legality in tender selection. (Para 30 , 31) |
| 9. court orders fresh tender process ensuring fairness. (Para 32) |
| 10. final decision favoring the petitioner. (Para 33) |
JUDGMENT :
MARLI VANKUNG, J.
1. Heard Mr. M. Pertin, learned senior counsel for the petitioner assisted by Mr. K. Dabi, learned counsel. Also heard Mr. R.H. Nabam, learned Addl. Advocate General and Mr. T.T. Tara, learned counsel for private respondent No. 7.
2. The instant writ petition is filed under Article 226 of the Constitution of India assailing the order dated 12.02.2025 which is an approval of the Bid Evaluation Board
The court affirmed that tender processes must adhere to clear criteria to avoid favoritism and arbitrary decisions, emphasizing the necessity of fairness and transparency in public contracts.
Judicial review in tender matters is limited; rejection based on non-compliance with tender conditions is not arbitrary.
An unsuccessful bidder lacks standing to challenge the issuance of a Letter of Intent when disqualified for failing to meet mandatory requirements.
An unsuccessful bidder cannot challenge the award of a tender if disqualified in the technical evaluation, as they lack standing to do so.
The court upheld the award of a contract based on public interest considerations, affirming that deviations from tender procedures do not necessarily invalidate the process if no responsive competito....
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....
Judicial review in tender matters limited to arbitrariness or mala fides; courts defer to authority's bid compliance assessment, refusing substitution unless perverse.
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