Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tenders Government Contracts |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Government Contracts:Tenders - Cancellation of tender process for deficienciestherein - Held: Submission of a tender in response to a noticeinviting such tenders is no more than making an offer whichthe State or its agencies are under no obligation to accept -Bidders- participating in the tender process cannot, therefore,insist that their tenders should be accepted simply because 0a given tender is the highest or lowest depending uponwhether the contract is for sale of public property or forexecution of works on behalf of Government - All thatparticipating bidders are entitled to is a fair, equal and non-discriminatory treatment in the matter of evaluation of theirtenders - To that extent the tenderer has an enforceableright - In the instant case, there were serious deficiencies inthe entire tender process, which would have resulted insubstantial financial Joss to Railw9ys and 'it'was neitl:ler inpublic interest nor necessitated by any legal compulsion ~Therefore, the decision to cancel the tender process was inno way discriminatory or ma/a fide - It did not violate anyfundamental right of the appellant nor could the action ofrespondent be termed unreasonable so as to warrant anyinterference from the Court - Costs.Tenders - ·Terms of - Judicial review of - Held: Powerexercised by the Government and its instrumentalities inregard to allotment of contract is subject to judicial review atthe instance of an aggrieved party - Award of a contract is essentially a commercial transaction which must be determined on the basis of consideration that are relevant to such commercial decision - This implies that terms subjectto which tenders are invited are not open to the judicial scrutiny unless it is found that the same have been tailor made to benefit any particular tenderer or class of tender~rs- Judicial review. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2013 INSC 796 |
Petitioner | Maa Binda Express Carrier And Anr. |
Respondent | Northeast Frontier Railway And Ors. |
SCR | [2013] 12 S.C.R. 529 |
Judgement Date | 2013-11-29 |
Case Number | 10751 |
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