Tata Cellular vs Union Of India on 26 July, 1994
5. On perusal of the record we, however, find that the bid submitted by the respondent No. 3 was held to be strictly as per technical specification of the bid documents by the Technical Advisory Committee. Besides the test report also stated that the sample was of standard quality as defined in the Act. In view of the aforesaid statement in the test report and in view of the fact that when the tender Advisory Committee considered the sample as adequate and acceptable, we do not find any justification to interfere with the impugned notification on this ground. It has been held by the Apex Court in the case of Tata Cellular v. Union of India, that since the power of judicial review is not an appeal from the decision, the Court cannot substitute its own decision. In view of the fact
that the sample of the respondent No. 3 was held to be adequate and acceptable by the Tender Advisory Committee and as the Test Report itself says so, this Court is hardly equipped to take a contrary view. Therefore, this submission also fails.