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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Sharp Tank Structurals Private Limited – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. Approach to this Court under Article 226 of the Constitution of India has been made seeking the following relief:
“In the premises aforesaid, it is most respectfully prayed that Your Lordships may be pleased to admit this petition, issue Rule, calling upon the Respondent authorities to show cause as to why the writ, order or direction, as prayed for shall not be issued and upon hearing the parties on the cause or causes that may be shown and on perusal of the records be pleased to grant to the Petitioner the following relief/reliefs:-
1. A writ of certiorari or any other appropriate writ, order or direction quashing the Impugned Letter dated 03.01.2026 (Annexure-16 to the Writ Petition) and directing the Respondents to consider the Petitioner as qualified;
2. Direct the Respondents No. 2 and 3 to not open the financial bids, scheduled for opening on 12.01.2026, till the pendency of the present writ petition;
3. Direct the Respondents No. 2 and 3 to consider the Petitioner's bid in case the financial bids are opened.
4. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the interest of justice, equity and good conscience
Tender bid qualifications must adhere strictly to stated requirements; courts generally defer to the owner's interpretation unless found arbitrary.
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 contractual matters and the deference to be given to the interpretation of the tender document by the author. It also clarified that the w....
Judicial review in tender matters limited to arbitrariness or mala fides; courts defer to authority's bid compliance assessment, refusing substitution unless perverse.
Essential tender eligibility criteria must be strictly complied with, and any deviation leads to arbitrary exercise of power, warranting judicial review.
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....
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