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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, Arun Kumar Rai
Attal Plastic through its Authorised Signatory, Govind Kumar – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
Sujit Narayan Prasad, J.
1. The instant writ petition, under Article 226 of the Constitution of India, has been filed challenging the condition as stipulated in the e-tender particularly Section VI (a) and VI (g) on the ground that such condition has been stipulated only to deprive the eligibility of the writ petitioner.
2. The facts of the case, leading of filing of the instant writ petition which requires to be enumerated, read as under:
3. The respondent-Jharkhand Education Project Council (JEPC) floated a tender on 08.05.2024 for supply of school bags for children studying in Government Schools in Class I to VII for 2024-25 in the State of Jharkhand. It is the case of the petitioner that the petitioner, being an avid manufacturer of school bags, was desirous to participate in the tender process but was debarred from even participating in the tender process despite his past experience in the said area in the garb of condition as incorporated under Section VI (a) and VI (g) of the bid documents. Aggrieved thereof, the petitioner has approached this Court by filing the instant writ petition.
4. Learned counsel for the petitioner has submitted by referring Section VI (a) and VI
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....
Tender conditions upheld as reasonable for bidder integrity, safety and compliance; judicial review in contracts limited to arbitrariness, mala fides or public interest, with deference to administrat....
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.
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....
Eligibility for contracting: To foster competition, firms and individuals to offer goods, work, and services required for the program, any conditions for participation shall be limited to those that ....
The court affirmed that stringent eligibility criteria in public tender processes cannot violate statutory relaxations for Start-ups, emphasizing limited grounds for judicial review.
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....
Judicial review in tender matters is limited; courts should not interfere unless actions are arbitrary, discriminatory, or biased.
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
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