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P.MADHAVI DEVI
I Scientific Techsolutions Labs – Appellant
Versus
State Of Telangana – Respondent
ORDER :
This Writ Petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the action of the 2nd respondent in rejecting/disqualifying the technical bids of the petitioner pertaining to supply, installation and Commission of Centralised Control Monitoring System (CCMS) in all the Gram Panchayats of the State of Telangana in Tender Notification Nos.
(a) Tender No.TSREDCO/EC/E-Tender- CCMS/Cluster -1/2020-21 dt.05.03.2021,
(b) Tender No.TSREDCO/EC/E-Tender- CCMS/Cluster -2/2020-21 dt.05.03.2021,
(c) Tender No.TSREDCO/EC/E-Tender- CCMS/Cluster -3/2020-21 dt.05.03.2021, and
(d) Tender No.TSREDCO/EC/E-Tender- CCMS/Cluster -4/2020-21 dated 05.03.2021, as bad in law, illegal, arbitrary and in violation of Article 14 of the Constitution of India and consequently direct the respondent No.2 to qualify the technical bids of the petitioner and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.
2. Brief facts leading to the filing of this Writ Petition are that the petitioner is a registered partnership firm, primarily engaged in the business of providing remote data acquisition systems and cloud
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 upheld the rejection of the petitioner's technical bid due to failure to meet registration requirements, emphasizing limited grounds for judicial review.
Judicial review in tenders limited to mala fides, arbitrariness, irrationality impacting public interest; courts defer to authority's interpretation of eligibility unless perverse.
The court affirmed that stringent eligibility criteria in public tender processes cannot violate statutory relaxations for Start-ups, emphasizing limited grounds for judicial review.
The court affirmed that executive decisions in tendering must be devoid of arbitrariness, while confirming that non-compliance with technical criteria justifies rejection of a bid.
Discretion in tender qualifications rests with the authority unless proven arbitrary; no mandatory relaxation for qualified start-ups.
Public authorities must ensure fairness and non-arbitrariness in tender processes, adhering to established eligibility criteria.
Judicial review in tender matters is limited; rejection based on non-compliance with tender conditions is not arbitrary.
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