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ATTAU RAHMAN MASOODI, OM PRAKASH SHUKLA
Ziqitza Health Care Ltd. Thru. Its Authorized Representative Deepak Kharbanda – Appellant
Versus
State of U. P. Thru. Prin. Secy. Deptt. Of Animal Husbandry Lko. – Respondent
JUDGMENT :
Om Prakash Shukla, J.
1. Heard Shri. S.C. Mishra, learned Senior Counsel assisted by Shri Sunil Kumar Chaudhary, learned Counsel for the petitioner and Shri Ramesh Kumar Singh, learned Additional Advocate General assisted by Shri Rakesh Vajpayee, learned Additional Chief Standing Counsel for the State.
2. The present writ petition has come to be filed by the petitioner invoking the writ jurisdiction of this Court, thereby seeking two fold prayer; (i) quashing of order dated 07.11.2022 uploaded on the official website of the Department of Animal husbandry on 09.11.2022, whereby the bid submitted by the petitioner has been declared as non-responsive for the reason that the same did not meet the requirement of clause 12(c) of the RFP relating to the aspect of submission of EMD and (ii) challenge to the order dated 09.11.2022 has been also made, whereby the tender summary report was uploaded and the Department of Animal Husbandry has fixed the date of opening of financial bids on 10.11.2022 at 2:30 PM.
3. Since the financial bid of the bidders, who have been found to be qual
The court emphasized the authority's discretion in interpreting and accepting tender conditions, cautioning against unnecessary interference in commercial matters and emphasizing the limitations of j....
Tender authorities possess the discretion to define submission requirements for bids, and courts should not intervene unless there is clear irrationality or arbitrariness in their decisions.
The decision of the tendering authority to qualify a bidder and the form of bid security submitted by the bidder should not be interfered with unless there is a clear case of arbitrariness, unreasona....
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It is well settled that mere existence of an alternative remedy or an alternative forum does not stand as an impediment on Court to exercise its jurisdiction under Article 226 of Constitution of Indi....
The court affirmed that tender processes must adhere to clear criteria to avoid favoritism and arbitrary decisions, emphasizing the necessity of fairness and transparency in public contracts.
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