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J. SREENIVAS RAO
Nomula Poultry Farm rep. by its Proprietor Nomula Ashok – Appellant
Versus
State of Telangana rep. by its Principal Secretary Women Development & Child Welfare Department – Respondent
ORDER :
Heard Sri R.N. Hemendernath Reddy, learned Senior Counsel representing Sri Madas Bharath Chandra, learned counsel for the petitioner in WP.No.43886 of 2022, learned Special Government Pleader representing learned Additional Advocate General for respondents 1 and 2, and Sri A. Sudershan Reddy, learned Senior Counsel representing Sri A. Prabhakar Rao, learned counsel for the respondent No.3. Sri Addesh Varma learned counsel for the petitioner in WP.No.46306 of 2022, Sri M. Nagaiah, learned counsel for the petitioner in WP.No.236 of 2022 and learned Special Government Pleader representing learned Additional Advocate General for the respondents.
2. In WP.No.43886/2022 and W.P.No.46306/2022 the petitioners have challenged the Tender Reference No.3347/SNP/2022, dated 21.11.2022 issued by the respondent No.2/Commissioner, Women Development and Child Welfare Department (WD & CW) Department, Hyderabad.
3. In W.P.No.236/2023, the petitioner questioned the action of the respondents in not examining and not considering the e-mail representations dated 29.12.2022 and 31.12.2022 as illegal.
4. As a common question of fact and law are involved in all three writ petitions, they were heard toge
Tender conditions must ensure fairness and quality in public procurement, and courts should exercise restraint in reviewing administrative decisions unless clear arbitrariness is shown.
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
The public interest in a time-bound nutrition program may outweigh the private commercial interest of a petitioner benefiting from the relaxation of tender conditions.
The court upheld the validity of the tendering authority's criteria, emphasizing that terms are not subject to judicial review unless proven arbitrary or unreasonable.
Eligibility criteria in tenders must be reasonable and serve public interest, and courts will not interfere unless proven arbitrary or malicious.
The main legal point established in the judgment is the limitation of judicial review in tender matters, the need for commercial prudence in evaluating tenders, and the importance of fairness and non....
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