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ABDUL QUDDHOSE
V. Balasubramanian – Appellant
Versus
Southern Railways, Represented by its, Senior Divisional Railway Manager. (Commercial), Madurai Division – Commercial, Madurai – Respondent
JUDGMENT
(Prayer in W.P.(MD)No.325 of 2022: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order made by the second respondent in Letter No.Madurai Division – Commercial/UC37-PHC-Madurai-2021/01092830046534 dated 15.12.2021 and to quash the same as illegal and consequently, to direct the respondents to award the tender for the contract for parcel handling at Madurai Junction subject matter of tender No.UC37-PHC-Madurai-2021 in favour of the petitioner, within a time that may be stipulated by this Court.
W.P.(MD)No.3273 of 2022: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order made by the second respondent in his proceedings in No.U/C/37/PHC/WP dated 29.01.2022 and quash the same as illegal and consequently, to direct the respondents to award the tender for the contract of parcel handling at Madurai Junction subject matter of tender No.UC37-PHC-Madurai-2021 in favour of the petitioner within a time that may be stipulated by this Court.)
Com
The judgment emphasizes the distinct eligibility criteria for different types of contracts and the limited scope of judicial review in tender matters.
Point of Law : Court would not sit in the arm chair of experts or the Tender Scrutiny Committee, which has scrutinized and found the 3rd respondent to be responsive and had to be awarded the contract....
The eligibility for tender participation relies strictly on interpreted criteria by the issuer unless proven arbitrary or biased, excluding warranty periods from work experience.
The court emphasized the limited scope of judicial review in contractual matters and the deference to be given to the interpretation of the tender document by the author. It also clarified that the w....
The acceptance of a non-responsive tender violates established tendering criteria and principles of fairness, leading to arbitrary and discriminatory treatment of compliant bidders.
Tender - Tender conditions are required to be read as provided in the tender document and if there are two views or construction possible than the view of the authority interpreting the tender docume....
Point of law: Entire process of awarding the contract by respondent No.2 in favour of Respondent No.3 cannot be accepted as valid
Judicial review in tender matters is limited; courts should not interfere unless actions are arbitrary, discriminatory, or biased.
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....
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