Back
SANJAY DHAR
Zahoor Ahmad Khan – Appellant
Versus
UT of J. & K. – Respondent
ORDER :
Caveat No.2124/2022:
With the appearance of Mr. M.A. Chashoo, AAG the caveat stands discharged.
WP(C) No.2416/2022:
1. Heard learned counsel for the parties and perused the record.
2. The petitioner has filed the instant writ petition challenging Bid No.GEM/2022/B/2606555 Dated:04.10.2022, whereby tenders were invited for execution of contract for supply of 87-90 HP, 4WDTractors with heated cabin as per the terms and conditions, technical specifications, commercial terms and conditions. It is submitted that condition No.7 incorporated in the tender document, which prescribes the eligibility criteria of the bidders, is tailor made to benefit a limited class of persons/companies. It has been submitted that the circulars issued by CVC provide that the prequalification criteria should neither be very stringent nor very lax to facilitate the entry of bidders. It has been further submitted that on an earlier occasion the respondents had invited bids vide GEM/2022/B/2115832 Dated 19.04.2022 for supply of same product with similar condition relating to eligibility criteria and the petitioner filed the writ petition bearing WP(C) No.968/2022 challenging the action of the respondents. Acc
The main legal point established in the judgment is the limited scope of judicial interference in matters of tendering process and eligibility criteria, emphasizing the need to prevent arbitrariness ....
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.
Judicial interference in the matter of tenders and contracts is limited and the court should exercise restraint in interfering with the administrative decision-making process.
The main legal point established in the judgment is the limited scope of judicial review in tender conditions, emphasizing the authority of the tendering entity to interpret and appreciate its requir....
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....
Judicial review of tender conditions is restricted to cases of arbitrariness or unreasonableness, reinforcing that the authority determining eligibility criteria has the discretion and expertise in c....
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....
In tender matters, the scope of judicial review is limited by the principle of restraint. Unless terms are proven to be mala fide, arbitrary, or devoid of any rational nexus, courts should defer to t....
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
