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DEVENDRA KUMAR UPADHYAYA, SUBHASH VIDYARTHI
Sulbha Enterprises – Appellant
Versus
Chairman U. P. Jal Nigam Urban Lucknow – Respondent
JUDGMENT :
1. By means of this petition filed under Article 226 of the Constitution of India challenge has been made by the petitioner-firm to the tender process conducted by the Construction and Design Services, Uttar Pradesh Jal Nigam (Urban) Lucknow for execution of work relating to rehabilitation, cleaning and maintenance work of sewer line at Bachcha Park to Hapur Road, Meerut.
2. Heard Shri Vivek Raj Singh, learned Senior Advocate, assisted by Shri Akshat Kumar, Advocate for the petitioner, Shri Rishabh Kapoor, learned counsel representing the respondent nos.1 to 4, Shri Ajay Kumar Gupta, learned counsel representing the respondent no. 5 and Ms. Kaviya Singh, learned counsel representing the respondent no. 6 and perused the records available before us on this writ petition.
3. For execution of the aforesaid work, a tender notice dated 01.11.2021 was issued inviting e-tender. As per the said tender notice, the technical bid was to be opened first on due date and time and the time and date of financial bid of those contractors who qualified the technical bid was to be opened at a later date.
4. Pursuant to the tender notice dated 01.11.2021, the petitioner which is a proprietorship
The main legal point established in the judgment is the court's authority to intervene in the tender process if it is found to be contrary to the principles of equality and non-arbitrariness as enshr....
The court emphasized that strict compliance with tender conditions is essential and that arbitrary qualification despite disqualifications undermines the fairness required in the contracting process.
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 emphasized the importance of fair and transparent decision-making in tender evaluations, asserting judicial review is warranted when actions of administrative bodies exhibit arbitrariness b....
The court affirmed that compliance with essential tender conditions is mandatory, and failure to meet these conditions justifies disqualification.
The court emphasized the need for judicial restraint in interfering with tender processes, especially in matters involving technical issues, and highlighted the limitations of the court's expertise i....
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