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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ASHUTOSH KUMAR
Narayan Construction Co., through its Power of Attorney Holder Sh. Ritesh Singh, S/o Shri Narayan Singh Yadav – Appellant
Versus
Rajasthan Rajya Vidyut Utpadan Nigam Ltd., through its Chairman and Managing Director – Respondent
| Table of Content |
|---|
| 1. petitioner seeks relief against tender conditions. (Para 1 , 2) |
| 2. arguments against pqr's arbitrariness and discrimination. (Para 3 , 4 , 5) |
| 3. respondent's defense on pqr and procedural compliance. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. judicial review limited; tender process valid. (Para 12 , 13 , 14) |
| 5. final order dismissing the petition. (Para 15) |
JUDGMENT :
ASHUTOSH KUMAR, J.
1. The present petition has been filed by the petitioner-firm seeking following reliefs:-
"It is, therefore, most humbly prayed that your Lordships may graciously be pleased to call for the record, examine the same, and accept and allow this writ petition, and may kindly-
(i) by issuing an appropriate writ, order or direction quash and set aside the impugned Pre-Qualifying Requirement Clause (Para-7) in Tender Notice No. TN/STPS-SC/2025- 26/239(CHP) dated 19.07.2025 (Annexure-2) to the extent it mandates experience only in single contract of similar work and the biennial contract shall be treated equivalent to two annual contract of 50% contract value.
(ii) Further direct the respondents to suitably amend the tender condition to permit participation of bidders having aggregate experience of similar
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....
Eligibility criteria in tender processes must ensure fairness and cannot be deemed arbitrary without sufficient evidence to demonstrate biases or unreasonable standards.
The main legal point established in the judgment is the limitation of judicial review in tender matters, the need for commercial prudence in evaluating tenders, and the importance of fairness and non....
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
Judicial review of tenders limited to arbitrariness or malafide; eligibility conditions upheld if public interest served with multiple qualified bidders; bid time reduction valid with approval; ineli....
Public authorities must ensure fairness and non-arbitrariness in tender processes, adhering to established eligibility criteria.
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.
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