9911796707
TMI Blog2023 (9) TMI 1234X X X X Extracts X X X X X X X X Extracts X X X X ..... he earlier one was incorrect on account of a clerical error. This exercise itself was not sufficient to declare the entire bid offered by EVEY as unlawful or illegal. Considering the submissions advanced by the learned counsel for the petitioner as well as the considering the judgment of Hon ble the Apex Court in Tata Motors Ltd and particularly the fact that the respondent No.3, M/s. Govind Kumar Agarwal has already been selected as successful bidder L-1, there are no good ground to entertain this writ petition. Petition dismissed. - SHRI RAMESH SINHA AND SMT. RAJANI DUBEY , JJ. For Petitioner : Mr. Ankit Singhal, Advocate For State/Respondent No.1 : Mr. Gagan Tiwari, Dy. Govt. Advocate ORDER Heard Mr. Anki ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... technical evaluation of technical bids in tender bearing NIT No. 365/2023-24 as arbitrary, illegal and bad in law and consequently quash and set aside the communication dated 6.7.2023 (Annexure P-1), in the interest of justice; 10.3 That, this Hon'ble Court may kindly be pleased to pass any appropriated writ, order or direction to declare that the Petitioner is eligible to qualify for the technical bid and consequently, direct the Respondent No. 2 to open the financial bid of the Petitioner in tender bearing NIT No. 365/2023-24; 10.4 That this Hon'ble Court may kindly be pleased to declare bid selection of Respondent No. 3 as wrong and in non- compliance with the Tender Terms and Conditions. Further, kindly direct that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erned and courts are normally not equipped to question the correctness of a policy decision. But then this does not mean that the courts have to abdicate their right to scrutinise whether the policy in question is formulated keeping in mind all the relevant facts and the said policy can be held to be beyond the pale of discrimination or unreasonableness, bearing in mind the material on record...... Any decision be it a simple administrative decision or policy decision, if taken without considering the relevant facts, can only be termed as an arbitrary decision . If it is so, then be it a policy decision or otherwise, it will be violative of the mandate of Article 14 of the Constitution. 4. We have heard learned counsel for the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itrariness, irrationality, mala fides and bias. However, this Court has cautioned time and again that courts should exercise a lot of restraint while exercising their powers of judicial review in contractual or commercial matters. This Court is normally loathe to interfere in contractual matters unless a clear-cut case of arbitrariness or mala fides or bias or irrationality is made out. One must remember that today many public sector undertakings compete with the private industry. The contracts entered into between private parties are not subject to scrutiny under writ jurisdiction. No doubt, the bodies which are State within the meaning of Article 12 of the Constitution are bound to act fairly and are amenable to the writ jurisdiction of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blic exchequer that the State may have to meet with if the Court directs issue of a fresh tender notice, should be one of the guiding factors that the Court should keep in mind. This is evident from a three-Judge Bench decision of this Court in Association of Registration Plates v. Union of India and Others, reported in (2005) 1 SCC 679. 53. The law relating to award of contract by the State and public sector corporations was reviewed in Air India Ltd. v. Cochin International Airport Ltd., reported in (2000) 2 SCC 617 and it was held that the award of a contract, whether by a private party or by a State, is essentially a commercial transaction. It can choose its own method to arrive at a decision and it is free to grant any relaxation ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
