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| Microscopic examination of terms, conditions of contract by review court not permissible: HC | | | Early Times Report
JAMMU, Dec 29: Justice Rajesh Sekhri of Jammu & Kashmir and Ladakh High Court, while dealing of the tender matter, observed that Principles of judicial review are attracted to the exercise of contractual powers by Government and its instrumentalities and High courts are vested with the "tender jurisdiction" under Article 226 of the Constitution to ensure greater accountability and transparency. However, "tender jurisdiction" is to be exercised by the High Court in rarest of rare cases on very limited grounds on the anvil of Article 14 of the Constitution. Microscopic examination of the terms and conditions of a contract, by the review court is not permissible. The public authority issuing a tender notice is at liberty to grant any relaxation for a bonafide reason and such relaxation is binding on the bidders. The CVC/administrative Guidelines are recommendatory in nature and cannot be enforced through Courts. The writ Court must avoid imposing its judgment on the decision of the employer regarding acceptance or rejection of a tender bid unless such decision is per se actuated with malice or arbitrariness
The facts of both the petitions are intertwined in nature, thus they are being disposed of by way of this common judgment. Petitioner participated in e-NIT No. JKRTC/GML/CHT/582 dated 14.08.2023 (hereinafter referred to as the 'earlier tender') floated by the respondents, Since the tendering process was being procrastinated, petitioner approached this Court by way of WP(C) No. 2442/2023 and this Court, as an interim measure, restrained the respondents from cancellation of the said tender. However, respondents floated e-NIT No. JKRTC/GML/CHT/639 dated 18.09.2023 whereby earlier tender came to be cancelled, which is impugned in WP(C) No. 2528/2023. Petitioner has invoked writ jurisdiction of this Court under Article 226 of the Constitution of India to implore for the quashment of e-NIT dated 18.09.2023 ["impugned NIT"] and order dated 22.09.2023 issued by the respondents for cancellation of earlier tender. Consequently, petitioner seeks issuance of a writ in the nature of Mandamus commanding the respondents to recall impugned NIT and take the earlier tender to its logical conclusion by allotting the contract in its favour. |
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