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RITU BAHRI, RAKESH THAPLIYAL
Anusuya Prasad Nautiyal – Appellant
Versus
Union of India – Respondent
JUDGMENT :
RITU BAHRI, C.J.
1. The petitioner, in the present case, vide order dated 08.08.2023, when notice of motion was issued, this Court had observed that petitioner has preferred this writ petition to assail Clause 17 of the NIT, and Clauses 4.2(c) and 4.4A(b) of the Standard Bid Document, on the ground that the same is in contravention of Office Memorandums dated 10.03.2016 and 25.07.2016, issued by the Government of India, Ministry of Micro, Small and Medium Enterprises.
2. After notice, a counter affidavit has been filed by the respondent No. 3. In paragraph 16 of their counter affidavit, the respondent has stated that the MSME Act, 2006, as per para 4 of the Policy Circular No. 1(1)(2)/2016/MA dated 10.03.2016, it has clarified that all Central Ministries/Departments/Central Public Sector Undertakings “may” relax condition of prior turnover and prior experience with respect to Micro and Small Enterprises in all public procurement subject to meeting of “Quality and Technical Specification.”
3. It is further stated that there is no provision for any kind of exemption to the tenderers under MSME in the SBD prescribed for tenders under the Pradhan Mantri Gram Sadak Yojna. The tec
Relaxation of prior experience and turnover requirements under the MSME Act is discretionary and not an entitlement.
The court emphasized that the safety of patients is of paramount importance and upheld the discretion of the tender authority in framing tender conditions.
It categorically provides all Central Ministries/Departments may relax condition of prior turnover and prior experience with respect to MSME in all public procurements subject to meeting of quality a....
The court affirmed that eligibility criteria in tender processes must be adhered to strictly, and non-compliance disqualifies bidders from preferential treatment under procurement policies.
A woman-managed MSME may seek relaxation of minimum turnover criteria in tender qualifications, ensuring fair opportunities.
The court upheld the denial of relaxations in tender conditions for Start-up procurement in healthcare based on public safety, affirming that such decisions are not unconstitutional.
The central legal point established in the judgment is that startups claiming exemptions in government procurement processes must comply with the specific requirements outlined by the state's startup....
The court emphasized the principles of judicial restraint in administrative action, the lack of expertise of the court to correct administrative decisions, and the importance of public interest in te....
The decision making process in tendering should be based on the materials placed before the tendering authorities, and bidders have the right to equality and fair treatment in the evaluation process.
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