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UJJAL BHUYAN, N. TUKARAMJI
Nomula Poultry Farm, Rep. by its Proprietor – Appellant
Versus
State of Telangana, Rep. by its Principal Secretary, Women Development and Child Welfare Department – Respondent
JUDGMENT :
Ujjal Bhuyan, J.
Heard Mr. R.N.Hemendranath Reddy, learned Senior Counsel for the appellants and Mr. A.Sanjeev Kumar, learned Special Government Pleader attached to the office of learned Advocate General for the State of Telangana representing respondent Nos.1 and 2. We have also heard Mr. A.Sudarshan Reddy, Mr. B.Narasimha Sarma and Mr. P.Sri Raghu Ram, learned Senior Counsel for the applicants seeking impleadment.
2. This appeal is directed against the judgment and order dated 31.01.2023 passed by the learned Single Judge dismissing Writ Petition No.43886 of 2022 and two other writ petitions.
3. Appellants as the petitioners had filed the related writ petition being W.P.No.43886 of 2022 assailing the tender reference No.3347/SNP/2022 dated 21.11.2022 floated by the 2nd respondent and sought for quashing of the same. Appellants further sought for a direction to respondent Nos.1 and 2 to revert back to the earlier procedure of inviting tender on Integrated Child Development Scheme (ICDS) project wise basis.
4. Before adverting to the writ affidavit, relevant facts may be noted. Government of Telangana in the Department for Women, Children, Disabled and Senior Citizens had iss
Tender conditions must ensure fairness and quality in public procurement, and courts should exercise restraint in reviewing administrative decisions unless clear arbitrariness is shown.
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.
Eligibility criteria in tenders must be reasonable and serve public interest, and courts will not interfere unless proven arbitrary or malicious.
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 in tender matters is limited; rejection based on non-compliance with tender conditions is not arbitrary.
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.
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