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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Travel Service Represented by its Proprietor, Shri Mukul Medhi – Appellant
Versus
Union of India, Represented by the Secretary, New Delhi – Respondent
| Table of Content |
|---|
| 1. factual context regarding tender notice and the dispute over bidder qualification. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments regarding transparency and the procedural legitimacy of re-evaluating bids. (Para 9 , 10 , 11 , 12 , 13) |
| 3. assessment of the administrative process, preliminary versus final evaluations, and document verification. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 4. judicial restraint in tender matters and limits of interference in technical evaluation. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 5. formal dismissal of the petition. (Para 40) |
JUDGMENT :
MANISH CHOUDHURY, J.
1. The present writ petition under Article 226 of the Constitution of India is preferred by the writ petitioner seeking cancellation of the bid of the respondent no. 4, who has been declared as the lowest bidder [L-1] in a tender process initiated by a Notice Inviting Tender [NIT] dated 23.08.2025 by the respondent National Highways & Infrastructure Development Corporation Limited [NHIDCL]. A writ in the nature of mandamus has also been sought for a direction to award the contract-work under reference to the petitioner by d
Judicial review of tender processes is limited to ensuring fairness and transparency. Tendering authorities may correct inadvertent errors in technical evaluations during the stipulated process windo....
The court emphasized that strict compliance with tender conditions is essential and that arbitrary qualification despite disqualifications undermines the fairness required in the contracting process.
The main legal point established in the judgment is that the decision making process in contractual matters can be reviewed if it is shown to be arbitrary, unreasonable, or if it violates the Wednesb....
Court ruled the rejection of a technical bid for using an authorized dealer's DSC was arbitrary as eligibility conditions were met, emphasizing fair competition in tender processes.
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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