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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Tapash Lodh Roy, S/o. Late Subodh Lodh Roy – Appellant
Versus
State Of Assam, Represented By The Secretary, Government Of Assam, Department Of Housing And Urban Affairs – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. MU Mahmud, the learned counsel appearing on behalf of the petitioner. Mr. D Nath, the learned Senior Government Advocate Assam, who appears on behalf of the respondent Nos.1 to 5 and Mr. M Chetia, the learned counsel, who appears on behalf of the respondent No.6 and 7.
2. The petitioner herein has assailed the cancellation of the offline and online tenders invited under the 15th Finance Commission vide SMB. 15th FC/2024-25/460 dated 14.11.2024 and No. SMB. 15th FC/2024-25/461 dated 14.11.2024 on the ground that the same was unreasonable and unfair and arbitrary and is in violation to Article 14 of the Constitution. The consequential Re-Tender dated 06.03.2025 issued by the respondent Nos.6 and 7 has also been assailed in the present proceedings.
3. In the backdrop of the above, the question, therefore, arises as to whether this Court is required to exercise its powers of judicial review insofar as the decision of the respondent authorities, more particularly, the respondent Nos.6 and 7 to cancel the tender and going for fresh re-tender.
4. To appreciate the same, this Court finds it relevant to take note of the brief facts which led to the filing
public authorities must be left with the same liberty as they have in framing the policies - Contracts are legally binding commitments and they commit the authority which may be held to be a State wi....
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 procuring entity has the discretion to cancel tenders and re-invite bids without prior communication of reasons; judicial review is limited to assessing arbitrariness or statutory violations in p....
The authority's interpretation of tender conditions is paramount, and non-compliance with explicit requirements justifies cancellation of bids.
The court upheld the cancellation of a tender based on abnormal pricing, emphasizing the need for administrative fairness and the authority's discretion in tender processes.
The tender inviting authority has the right to accept or reject any bid and to annul the bidding process at any time prior to the award of contract without assigning any reason.
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