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SHEKHAR B. SARAF, MANJIVE SHUKLA
Dynamic Infracon Pvt. Ltd. – Appellant
Versus
State Of Uttar Pradesh – Respondent
JUDGMENT :
Shekhar B. Saraf, J.
1. The instant connected petitions have been filed under Article 226 of the Constitution of India by the Dynamic Infracon Pvt. Ltd. (Petitioner in Writ-C No. 22963 of 2024) and M/s Bengal Wood & Allied Products (Petitioner in Writ-C No. 20023 of 2024) seeking quashing of the entire tender process held in pursuance of e-bid tender document dated May 28, 2024 issued by Superintending Engineer, PWD, Prayagraj Circle, Prayagraj (hereinafter referred to as respondent No.2). The Petitioners have further prayed for some other numerous reliefs in accordance with their satisfaction through their respective petitions.
FACTS
2. Factual matrix of the present case is delineated below:
(b) On May 28, 2024, the Sal Sleeper Purchase Committee through the Office of the Chief Engineer, PWD, Prayagraj Zone, Prayagraj issued an e-bid document wherein it invite
Judicial review in tender matters is limited; courts should not interfere unless actions are arbitrary, discriminatory, or biased.
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
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....
Point of Law : Court would not sit in the arm chair of experts or the Tender Scrutiny Committee, which has scrutinized and found the 3rd respondent to be responsive and had to be awarded the contract....
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....
The court emphasized the limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
Point of law: powers of judicial review are limited and while exercising such power the Court has to see whether the process adopted or decision made by the authority is malafideor is intended to fav....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
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