State Of Jharkhand & Ors vs M/S Cwe-Soma Consortium on 12 July, 2016
Learned Advocate Gender further submits that the
matter relates to construction of hospital and in larger public
interest, the Court should not interfere in the affairs of the Board
unless decision of the Board is arbitrary. He refers to the
judgment of the Apex Court in the case of State of Jharkhand
Vs. CWE-SOMA Consortium [(2016) 14 SCC 172] and submits
that while exercising judicial review, the matters involving
Patna High Court CWJC No.7166 of 2020 dt.04-02-2021
6/8
public interest like construction of hospital unless the decision is
arbitrary and shook conscientious of the Court, Court should not
interfere. Ordinarily scope of judicial review is limited and the
Courts are not expected to interfere in the decision of the
authority. The Court may exercise power of review very
sparingly in case involving larger public interest under Article
226 of the Constitution. The respondents have themselves
decided vide Annexure-5 that in case after evaluation by the
technical committee the technical bid is found responsive, the
authority higher may take appropriate decision in case of single
bid.