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IN THE HIGH COURT OF ORISSA AT CUTTACK
Harish Tandon, Murahari Sri Raman
Utkal Suppliers – Appellant
Versus
Veer Surendra Sai Institute of Medical Sciences and Research, Burla, Sambalpur – Respondent
| Table of Content |
|---|
| 1. the eligibility criteria in tenders must ensure a level playing field. (Para 1 , 2) |
| 2. arguments presented for and against judicial review on eligibility criteria. (Para 3 , 4) |
| 3. judicial review is appropriate when administrative action is arbitrary or irrational. (Para 5 , 6) |
| 4. criteria for assessing arbitrariness in tender processes. (Para 10 , 12 , 13) |
| 5. criteria must relate to the service's required standards. (Para 14 , 15) |
| 6. the writ petition was dismissed as no arbitrariness was found. (Para 16 , 17) |
JUDGMENT :
1. The instant writ petition involves a pertinent issue relating to fixation of eligibility criteria of a turnover perceived by the petitioner to be arbitrary, whimsical and offends the core values of the constitutional rights encapsulated under Part III of the Constitution of India and is eroding the concept of “level playing field” in a commercial transaction. The turnover as imbibed into an eligibility criteria and assigned the marks, according to the petitioner, the same is discriminatory, arbitrary and tailored to favour a class of the selected suppliers/service providers and, therefore, actuated by malice and disturbs the core fabric of Articles
Judicial review is permissible in tender matters only to prevent arbitrariness; criteria should ensure fairness and cannot favor specific bidders without rational basis.
The imposition of arbitrary turnover requirements in tender processes, lacking rational justification, violates Articles 14 and 19(1)(g) of the Constitution, ensuring fair opportunity and competition....
Court emphasized the limits of judicial intervention in tender processes, maintaining that eligibility criteria must be rational and not arbitrary. The absence of merit in the petition led to its dis....
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
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....
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....
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....
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....
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