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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Lakshay And Company Through Narender Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sureshwar Thakur, J.
1. Through the instant writ petition the petitioner prays for the quashing of the proceedings of the Technical Evaluation Committee (Annexure P-8), wherebys the petitioner become declared as ineligible' vis-a-vis the instant tender process. The said tender process became initiated vide Tender Notice dated 21.10.2024 (Annexure P-6). However, it is averred that solely with the mischievous intent of ousting the petitioner from competing in the said tender, that he was declared as ineligible'. It is further averred that the said declaration was made qua him though was founded on his lacking the experience of executing two similar nature works' vis-a-vis the subject tender. However, the said ground is stated to be not well grooved on facts, as it becomes belied from the fact that the petitioner was satisfactorily running and operating the subject Water works, thus on short term tender basis w.e.f. 01.08.2024 (Annexure P-13). The further relief as prayed for, is for the quashing of order (Annexure P-10) whereby the objections of the petitioner against its ouster from the tender process based on the (supra) purported ineligibility, have also been mechanically
The decision of the employer in interpreting the conditions of eligibility in a tender document must be respected unless it is shown to be arbitrary, outrageous, and highly unreasonable.
The court upheld the tendering authority's discretion in setting eligibility criteria, emphasizing limited judicial review focused on procedural fairness rather than the merits of the decision.
Judicial review in tender matters is limited to assessing procedural fairness, not the merits of the tender conditions, which are determined by the tendering authority.
The court upheld the authority's discretion in evaluating tender bids, emphasizing the need for compliance with mandatory conditions and the absence of arbitrariness in disqualification decisions.
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....
Essential tender eligibility criteria must be strictly complied with, and any deviation leads to arbitrary exercise of power, warranting judicial review.
Public authorities must ensure fairness and non-arbitrariness in tender processes, adhering to established eligibility criteria.
Judicial review in tenders limited to mala fides, arbitrariness, irrationality impacting public interest; courts defer to authority's interpretation of eligibility unless perverse.
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