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62. The Apex Court in the case of Reliance Telecom Limited & Others v/s Union of India & Others reported in 2017 (4) SCC 269 has again dealt with scope of interference in respect of the tender.

63. In the case of Tata Cellular v/s Union of India reported in 1994 (6) SCC 651 again the scope of judicial review has been looked into by the Hon'ble Apex Court. In the aforesaid case, it has been held that the terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract and the Government must be allowed to have a fair play in the joints as it is a necessary concomitant for an administrative body functioning in an administrative sphere or quasi-administrative sphere.

68. In the case of Tata Cellular v/s Union of India reported in 1994 (6) SCC 651, it has been held that mere power to choose cannot be termed arbitrary. The Government has an interest in selecting the best and use of such power for collateral purpose is interdicted by Article 14 of the Constitution of India.

69. In the case of Maa Binda Express Carrier & Another v/s Northeast Frontier Railway & Others reported in 2014 (3) SCC 760, it has been held that the bid / tender, in response to a NIT, is only an offer which State or its agencies are under no obligation to accept. It has been further held that bidders participating in the tender process cannot insist that their bids should be accepted simply because a bid is highest or lowest.