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1 - 10 of 13 (0.36 seconds)Article 226 in Constitution of India [Constitution]
Era Infra Engineering Limited vs Delhi Development Authority & Anr on 8 January, 2010
33. In the present case, the Petitioner‟s petition premised on its contention that it is
the lowest bidder and therefore the Union MoD, should be directed to enter into a
contract with it. This court is of the view however, that it is a settled principle of law that
no vested right accrues on the lowest bidder and the government has the right to
withdraw the bid with valid reasons. The Respondent has relied on the case of Era Infra
Engineering v. DDA & Ann- 166 (Supra) in its submissions to support this argument.
Tata Cellular vs Union Of India on 26 July, 1994
In administrative matters, the scope of judicial review is limited and
the judiciary must exercise judicial restrained in such matters, as held by
this Court in Tata Cellular v. Union of India: AIR 1996 SC 11: (1994) 6
SCC 651. Moreover, the view of Prasar Bharti also appears reasonable
because Prasar Bharti has to pay the amount inclusive of sales tax, since
there is no concessional forms. If Prasar Bharti has taken up one possible
interpretation, the High Court should not have intervened. The scope of
judicial review in administrative matters is limited."
M/S Becil vs Arraycom India Ltd.& Ors on 20 October, 2009
Further, in the
case of BECIL v. Arraycomindia Ltd. &Ors., 2010 (1) SCC 139 it was held as below:
M/S Michigan Rubber(I) Ltd vs State Of Karnataka & Ors on 17 August, 2012
28. Reviewing its previous judgments, the Supreme Court, in Michigan Rubber
(India) Ltd. v. State of Karnataka, (2012) 8 SCC 216,stated that there must be two
questions that the Court must ask itself while exercising judicial review in tender matters
involving a public authority:
Afcons Infrastructure Ltd vs Nagpur Metro Rail Corporation Ltd. & Anr on 15 September, 2016
In a later judgment, Afcons Infrastructure Ltd. Vs. Nagpur Metro Rail
Corporation Ltd. & Anr.,2016 (16) SCC 818 the Supreme Court held as follows: -
Montecarlo Ltd vs Ntpc Ltd on 18 October, 2016
30. On reading of the above judgments, it is clear that the courts can review a tender
process or tender stipulation, on grounds of proven procedural irregularity. In judicial
review, a court under Article 226 of the Constitution reviews the decision-making
process, its legality and procedural regularity and not the merits of the decision of the
executive agency. The principal decision maker is the administrative or public agency.
This was again held, in Montecarlo Ltd. v National Thermal Power Corporation Ltd
2016 (15) SCC 272:
Central Coalfieds Limited vs Sll-Sml (Joint Venture Consortium) . on 17 August, 2016
31. Central Coalfields Limited and Ors. V. SLL-SML (Joint Venture Consortium) and
Ors. AIR 2016 SC 3814 ruled that a court before interfering in tender or contractual
matters in exercise of power of judicial review, the court considers whether the decision
(to award contract, or not to award the contract) is to consider whether the decision was
W.P.(C) 856/2017 Page 14 of 17
actuated by malafide, whether the process adopted was arbitrary and irrational, and
whether the public interest is affected; if the answers are in the negative, there should be
no interference in the decision by the court.
Bakshi Security And Personnel Services ... vs Devkishan Computed Pvt Ltd And Ors on 26 July, 2016
The limited scope of judicial review in public
contractual matters was recapitulated time and again, and was emphasised recently in
Bakshi Security and Personnel Services Pvt. Ltd. v. Devikishan Computed Pvt. Ltd. and
Ors., AIR 2016 SC 3585. In that case, it was stated that the court should not interfere at
the insistence of the unsuccessful bidder in respect of a procedural violation in the
following words: