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HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI, SIDDHARTHA SAH
Vinishma Technologies – Appellant
Versus
Directorate Women Empowerment And Child Development Department – Respondent
| Table of Content |
|---|
| 1. tender for school kits; eligibility clauses challenged. (Para 1 , 2 , 3 , 4) |
| 2. conditions arbitrary, restrict competition, subjective. (Para 5) |
| 3. precedents mandate judicial restraint on tender review. (Para 6 , 7 , 8 , 9 , 10 , 13) |
| 4. latitude to authorities unless mala fide or arbitrary. (Para 11 , 12 , 14) |
| 5. conditions ensure tax, safety, quality compliance. (Para 15 , 16 , 17 , 18) |
| 6. disclaimer permits samples; adverse inference drawn. (Para 19) |
Judgment :
Manoj Kumar Tiwari, J.
1. Directorate of Women Empowerment and Child Development, Uttarakhand invited bids for supply of Educational School Kits by issuing a notice inviting tender dated 18.12.2025. Petitioner submitted bid pursuant to said notice, as is apparent from averments made in para 11 and 13 of the writ petition.
2. Petitioner apprehends that his bid may be rejected due to certain conditions mentioned in the bid document, therefore, he has approached this Court, seeking the following relief:-
(i) A writ order, order direction in the nature of certiorari quashing the impugned clause 1(Ga) and 1 (Da) of the additional terms and conditions of bid document bearing no. GEM/2025/B7019467 dated 18.12.2025 (Anne
Tender conditions upheld as reasonable for bidder integrity, safety and compliance; judicial review in contracts limited to arbitrariness, mala fides or public interest, with deference to administrat....
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
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....
The formulation of tender conditions falls within the administrative domain of the authority, and judicial review is limited to preventing arbitrariness or favoritism. The courts cannot interfere wit....
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....
The court affirmed that tender conditions set by authorities are subject to limited judicial review, focusing on their reasonableness and adherence to statutory provisions.
Court upheld tender criteria requiring specific experience, emphasizing public interest and the rationality of conditions set by the state authority.
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....
The court affirmed that stringent eligibility criteria in public tender processes cannot violate statutory relaxations for Start-ups, emphasizing limited grounds for judicial review.
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