Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S.SANDHAWALIA, C.J., RANJAN SHARMA
Danish Lab – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. tender mandates 5-year experience, turnover, certified capacity. (Para 1 , 2) |
| 2. exemptions limited to local himachal startups. (Para 3 , 4 , 5) |
| 3. subsequent judgment inapplicable to prior tenders. (Para 6) |
| 4. judicial restraint in bona fide tender evaluations. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 5. no interference; petition dismissed. (Para 15 , 16 , 17) |
JUDGMENT :
G.S. Sandhawalia, C.J.
The challenge in the present writ petition is to the order dated 24.03.2025 [Annexures P-14 & P-15], whereby the technical bid of the petitioners was rejected with the remarks “technically disqualified” regarding the bid made on 03.01.2025. Resultantly, out of the five bidders, three persons were put in the list to compete the financial bid programme of tenders for supply of “5000 MT (Approximately) BIS Certified Pregnancy Ration (Type-II) for Cattle” opened on 17.01.2025.
2. Learned Senior Counsel for the petitioners has submitted that the disqualification was on account of the fact that the petitioners did not have the minimum five years’ experience in manufacturing/marketing the goods in question. The eligibility criteria for participation under Clause XXVII, reads as under:-
Judicial review in tenders limited to mala fides, arbitrariness, irrationality impacting public interest; courts defer to authority's interpretation of eligibility unless perverse.
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.
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
The court affirmed that stringent eligibility criteria in public tender processes cannot violate statutory relaxations for Start-ups, emphasizing limited grounds for judicial review.
Judicial review in tender matters is limited; courts should not interfere unless actions are arbitrary, discriminatory, or biased.
Judicial review in tender matters is limited to assessing arbitrariness, irrationality, or mala fides; decisions should reflect fair competition and not accommodate late submissions of corrected bids....
The court emphasized the need for restraint and deference to the tendering authority's interpretation of tender documents, especially in technical matters, and highlighted the importance of public in....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
