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SANJAYA KUMAR MISHRA, SRI ANANDA SEN
Infinite Computer Solutions (India) Limited – Appellant
Versus
Jharkhand Bijli Vitran Nigam Limited – Respondent
ORDER :
Ananda Sen, J.
Petitioner, in this writ petition, has prayed to set aside the alleged arbitrary action of the respondents, as a result of which the petitioner’s technical bid was rejected. Petitioner has also prayed that the documents issued by “UPPCL” in relation to the experience of the petitioner should be considered and thereafter appropriate order be passed considering the petitioner to be technically qualified.
By way of an interlocutory application being I.A. No.6397 of 2022, petitioner has also prayed for a writ of mandamus restraining the respondent No.1 from giving effect to the terms and conditions as contained in LOI No.279 dated 23.06.2022; to issue Rule NISI in the nature of writ of certiorari to quash and cancel the LOI No.279 dated 23.06.2022 issued in complete violation of Clause 41-45 of the NIT as also in violation of the notice of debriefing given dated 15.06.2022; to issue a writ of mandamus commanding respondent No.1 to give effect to the terms and conditions of debriefing as contained in Clause 41-45 of the NIT.
2. Arguments of the counsel for the parties were concluded and upon conclusion of the same, the judgment in this case was reserved.
3. The main gr
The court affirmed that in tender matters, the awarding authority has discretion to assess qualifications, and judicial review is limited to ensuring legality and fairness, without substituting the a....
A bidder must demonstrate work experience 'in his own name' as per tender requirements; failure to hear a necessary party warrants review.
Bidders must provide complete and accurate documentation as required by tender specifications, and courts should exercise restraint in reviewing decisions made by tender authorities unless there is c....
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.
Public authorities must ensure fairness and non-arbitrariness in tender processes, adhering to established eligibility criteria.
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....
Tender authorities have broad discretion in evaluating bids, and a failure to comply with mandatory document submission requirements justifies disqualification unless clear malice is shown.
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