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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
Vasudevan.K.M – Appellant
Versus
Chief Engineer(Naval Works) – Respondent
JUDGMENT :
Syam Kumar V.M., J.
This appeal is filed challenging the judgment dated 09.06.2025 of the learned Single Judge in W.P.(C) No.23477 of 2024. Appellant was the petitioner in the said Writ Petition.
2. Appellant is a C-class contractor, enlisted under the Chief Engineer, Southern Naval Command, Pune. He had participated in the tender invited by respondent No.1 in respect of a work titled “Completion of incomplete works for setting up single offices accommodation as a part of augmentation of infrastructure and facilities at INA, Ezhimala (phase II)”. The tender submitted by him was rejected vide Exhibit P9 stating that the number of enlisted contractors of eligible class are 8 and the bidder has not submitted required documents for upgradation to the eligible class i.e. A class. The appeal preferred by him before respondent No.2 was also rejected vide Exhibit P11 stating that he had failed to upload the requisite documents of upgradation criteria along with Cover 1 in terms of Note 2 of Appendix A to NIT as intimated by CE Zone. Aggrieved by such rejection of bid and dismissal of his appeal, the appellant had filed the W.P.(C) seeking the following reliefs:
“(i) issue a writ of
Judicial review in tender matters is limited to legality and procedural propriety; failure to meet eligibility criteria justifies bid rejection.
Judicial review in tender matters is confined to legality and fairness of the decision-making process, not the merits of the decision.
In tender matters, judicial review is limited to cases of patent arbitrariness, malice, or perversity, and conditions set by the contracting authority should not be interfered with without substantia....
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.
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.
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
Important Point – Government Contract – Tender – Public authorities have to ensure that no bias, favouritism or arbitrariness are shown during bidding process and that entire bidding process is carri....
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