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KRISHNAN RAMASAMY
EFICAA Ensmart Solutions Private Limited, Hyderabad – Appellant
Versus
Tamil Nadu Generation & Distribution Corporation Limited (TANGEDCO), Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to the impugned RFP/Tender Reference No./Specification No.CE/IT and RAPDRP-15/2023-24 dated 18.08.2023 issued by the respondents and quash the same.)
1. These writ petitions have been filed challenging the impugned RFP/Tender Reference No./Specification No.CE/IT and RAPDRP- 15/2023-24 dated 18.08.2023 issued by the respondents.
2. The brief facts of the case are as follows:
2.1 The respondent had floated a tender for setting up the Advance Meeting Infrastructure Service Providers (AMISP) for smart prepaid metering and smart system metering on DB foot basis and Revamped Distribution Sector Scheme. The Ministry of Power had launched Revamped Distribution Sector Scheme on 23.07.2011 with smart metering as one of its components. Thus, it had directed all the States across India to set up AMISP, Smart Metering System. Initially, a pilot project, in T-Nagar for around 1,00,000 (one lakh) smart metres, had been took place between the year 2020 and 2021. Thereafter, in the year 2021, the respondent had floated a tender f
The authority has discretion in formulating tender terms and criteria, and the e-reverse auction process is not violative of the Act 1998 and the Rules 2000.
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
Judicial review in tender matters is limited to assessing arbitrariness, irrationality, or mala fides; decisions should reflect fair competition and not accommodate late submissions of corrected bids....
Judicial review of tender processes adheres to principles of reasonableness, emphasizing the authority's discretion in evaluating bids and prioritizing public interest over individual complaints.
The court upheld the principle of judicial restraint in administrative action and emphasized the need for the State to act within the bounds of reasonableness in tender matters.
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