Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India – Article 226 – Judicial scrutiny of eligibility criteria/tender conditions – Scope and ambit of – Held: Respondent no.1 claiming to be a non-profit organisation carrying out research, advisory and advocacy in the field of civil aviation filed writ petition challenging the tender conditions in the respective Request for Proposal (RFPs) floated by appellant-AAI – None of the Ground Handling Agencies (GHAs) who participated in the tender process and/or could have participated in the tender process challenged the tender conditions – Writ petition before High Court was not in the nature of Public Interest Litigation – Respondent no. 1 cannot be said to be an ‘‘aggrieved party” – High Court ought to have dismissed the writ petition on the ground of locus standi of respondent no. 1 to maintain the writ petition – Further, terms and conditions of the Invitation to Tender are within the domain of the tenderer/tender making authority and are not open to judicial scrutiny being in the realm of contract, unless they are arbitrary, discriminatory or mala fide – On merits, AAI explained before the High Court, the rationale behind the respective conditions, namely, clustering of 49 airports into 4 region-wise sub-categories/clusters; criteria for evaluation - 36 months experience in past 7 years in providing 3 out of 7 Core GHS and the financial capacity- Annual Turnover of Rs. 30 crores (modified as Rs. 18 crores) in any one of last three financial years – The respective clauses/conditions cannot be said to be arbitrary and/or mala fide and/or actuated by bias – It was for the AAI to decide its own terms and fix the eligibility criteria – Impugned order set aside – Writ petition filed by respondent no. 1 dismissed. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1047 |
Petitioner | Airport Authority Of India |
Respondent | Centre For Aviation Policy, Safety & Research (capsr) & Others |
SCR | [2022] 13 S.C.R. 451 |
Judgement Date | 2022-09-30 |
Case Number | 6615 |
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