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TMI Blog2000 (2) TMI 855X X X X Extracts X X X X X X X X Extracts X X X X ..... r power devices and the like. According to the revision petitioners, the rates quoted by them for items 1 and 2 were lower than what was quoted by the second respondent. Nevertheless, the first respondent is proceeding to accept the quotation of the second respondent ignoring the claim of the petitioners as regards items 1 and 2. It is pointed out that being a Government Agency the first respondent is bound to follow the provisions of the Kerala State Stores Purchase Manual, by virtue of an order of the Government of Kerala. As such the tender given by the petitioner ought to have been accepted and it was in violation of the guidelines in the Manual as also the principles governing acceptance of contracts by Government Agencies that the order is being given to the second respondent for the supply of solar lanterns and solar home lighting systems. 3. Revision petitioners challenged the proceedings as above by filing a suit as O.S. No. 582/99 before the Munsiffs Court, Thiruvananthapuram. Along with the suit the petitioners/plaintiffs filed an application for injunction restraining the first respondent herein from taking any further action with respect to the finalisation of contr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ability of the tenderer to deliver goods or services or to do the work of the requisite standard and quality; past experience of the tenderer; whether he has successfully completed similar works earlier; the time that will be taken to deliver the goods or services; and the ability of the tenderer to take follow up action to rectify possible defects or to give post-contract services etc., are all material factors which should enter the mind of the authority when a decision is taken with regard to the award of the contract. 7. Raunaq International Ltd. v. I.V.R. Construction Ltd.. MANU/SC/0770/1998MANU/SC/0770/1998 : AIR 1999 SC 393 is authority for the proposition that when a public body or agency of the State, as involved herein, enters into such a contract, the aforesaid guidelines are equally applicable and that an element of public interest is involved even in such transactions. Since public money would be expended for the purposes of the contract; the public would be directly interested in the timely fulfilment of the contract with adequate quality and expediency. Poor quality of the work or goods can lead to tremendous public hardship and substantial financial expenditure e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nical authority. The mere fact that in some other institutions or even in the Stores Purchase Manual such a system is not prescribed is not at all an indicator that the first respondent has gone astray or that it was acting with mala fides. What is contained in the Stores Purchase Manual are only general guidelines and it is for the authorities concerned in each case to prescribe adequate and appropriate procedure depending upon the services required and the nature of the article upon the services required and the nature of the articles that is to be supplied. 12. It is the admitted case of the petitioner that he was not in a position to furnish the test certificate of competent authority as regards item 1 along with the tender as required in Clause 10 of Ext. A1. The excuse given in this regard is that only after purchasing the tender documents the petitioner became aware of the necessity of the Test certificate and that though he moved for the required test certificate, it was not received within the time allowed by the first respondent in the notification for receipt of tenders or even on the extended date. It was therefore mentioned in Part II envelope that the test certific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the principles laid down in Article 14 of the Constitution have to be kept in mind while accepting or refusing a tender. However, there can be no question of infringement of Article 14 if the Government tries to get the best person or the best quotation. The right to choose cannot be considered as an arbitrary power. Judicial quest in administrative matters will only be to find the right balance in the administrative discretion to decide matters whether contractual or involving issues of social policy; but they are not essentially justiciable. The judicial power of review is exercised to reign in any unbridled executive functioning. Judicial review is concerned only with the view of the decision making process and not review of the merits of the decision. When the question of acceptance of the tenders submitted by the first respondent is considered from the said perspective, there appears to be no adequate ground for the grant of an Injunction as sought for by the petitioner as regards item 1 - solar lamps, especially when it is admitted that as on the last date fixed for submission of tenders (as extended) the test certificate concerned had not yet been obtained or presented by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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