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NUPUR BHATI
Parihar Builder, Through Its Proprietor Ravindra Singh Parihar, S/o. Madho Singh Parihar – Appellant
Versus
Jodhpur Development Authority, Jodhpur Through Its Secretary – Respondent
ORDER :
(Nupur Bhati, J.)
1. Though the matter was listed in the ‘Fresh’ category, upon the joint request of both the parties, the matter is heard finally, today itself.
2. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India challengeing the criteria for qualification with respect to the technical bid, issued by the respondent no. 1 in Notice Inviting Tender (‘NIT’) dated 30.10.2024 (Annex.2), stipulating that it is required for the contractor to have his own RMC/Bitumen Plant, if the estimated cost of the work is more than 50 lakhs.
3. The writ petition has been preferred with the following prayers:
(i) The impugned criteria for qualification (Technical Bid) issued by respondent in NIT (Annex.2) to the extent of the arbitrary condition put by the respondent JDA to the effect that if the estimate cost of the work is more than 50 lacs for construction of Tarr/CC road, then the contractor should have his own RMC plant/ Bitumen Plant and he has to submit the document with regard to ownership of such plant, may
The imposition of ownership requirements for RMC/Bitumen Plants in tender processes must ensure fair competition and cannot be arbitrary or discriminatory.
Essential tender eligibility criteria must be strictly complied with, and any deviation leads to arbitrary exercise of power, warranting judicial review.
Court upheld that tender condition excluding bidders who applied for CDR is not arbitrary, ensuring public interest and project completion.
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....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The court upheld the authority's discretion in setting eligibility criteria for tenders, emphasizing that judicial review is limited to cases of arbitrariness or unreasonableness.
The court upheld the authority's discretion in evaluating tender bids, emphasizing the need for compliance with mandatory conditions and the absence of arbitrariness in disqualification decisions.
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