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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S. Ramachandra Rao, CJ., DEEPAK ROSHAN, J.
Govinda Mishra, son of Sri Arun Kumar Mishra – Appellant
Versus
Bharat Petroleum Corporation Limited – Respondent
| Table of Content |
|---|
| 1. writ petition challenges selection criteria. (Para 1 , 2 , 3) |
| 2. personal experience crucial for selection. (Para 4 , 9) |
| 3. weightage on experience in interviews. (Para 5 , 6) |
| 4. allegations against selection process raised. (Para 8) |
| 5. judicial intervention in contracts' merit. (Para 10 , 11) |
| 6. tender conditions immune to judicial scrutiny. (Para 12 , 15 , 17) |
| 7. authority's discretion in tender terms upheld. (Para 13 , 14 , 18) |
| 8. writ petition dismissed, interim order vacated. (Para 19 , 20) |
JUDGMENT :
M.S. Ramachandra Rao, C.J.
1. The petitioner has filed this writ petition for quashing Annexure-10 advertisement and Brochure dt. 09.05.2022 issued by the respondents for the purpose of engaging service provider for providing manpower and various services at the retail outlet, namely, Bharat Petroleum-Ranchi, alleging that some of the conditions in the advertisement and brochure were tailor-made conditions for selection of a service provider for the Company Owned and Company Operated Pump. He sought stay operation of the selection process.
2. Initially, on 16.05.2024, this Court had granted an ad interim stay of the Provisional Merit Panel at page 179 and directed that du
The court upheld that tender conditions are not subject to judicial scrutiny unless shown to be arbitrary, and emphasized the need for fairness by the state in its actions according to Article 14.
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 review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
Fairness cannot be a one-way street. The fairness required of the Financial Corporations cannot be carried to the extent of disabling them from recovering what is due to them. While not insisting upo....
The formulation of tender conditions falls within the administrative domain of the authority, and judicial review is limited to preventing arbitrariness or favoritism. The courts cannot interfere wit....
Point of Law – The principles that emerge from the above precedents are, the writ court has limited jurisdiction in matters concerning contracts and invitation to bid for contract; Court must adopt r....
The participation in a tender process waives the right to subsequently challenge its conditions unless proven arbitrary or illegal.
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....
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