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Monarch Infrastructure (P) Ltd vs Commissioner Ulhasnagar Municipal ... on 8 May, 2000

In Monark Infrastructure (P) Ltd. v. Commissioner, Ulhasnagar Municipal Corporation and Ors., V (2000) SLT 244=(2000) SCC 287, the Apex Court held that judicial decisions in the matter of tender process and award of contract show that while public interest is paramount there should be no arbitrariness in the matter of contract and all participants in the tender process should be treated alike. It has been laid that the Government is free to enter into any contract with citizens but the Court may interfere where it acts arbitrarily or contrary to public interest. The Government cannot arbitrarily choose any person it likes for entering into such a relationship or to discriminate between persons similarly situated. It has been specifically laid down that the Court would not interfere in the matter or administrative action or changes made therein, unless the Government's action is arbitrary or discriminatory or the policy adopted has no nexus with the object it seeks to achieve or is mala fide.
Supreme Court of India Cites 2 - Cited by 324 - Full Document

Ramana Dayaram Shetty vs The International Airport Authority Of ... on 4 May, 1979

The learned Counsel for the opposite party, Corporation has referred to the decision of the Apex Court in Rama Dayaram Shetty v. International Airport Authority of India and Ors., AIR 1979 SC 1628 in support of his contention that a term in the tender notice or an eligibility condition fixed therein is not subject to judicial scrutiny and the Court could not interfere in such a matter. But, however, a conspectus of the decision of the Apex Court discussed in the foregoing paragraphs has authoritatively laid down that a term in the tender notice or an eligibility condition stipulated therein is not subject to judicial scrutiny, but the Court will certainly step in where the action is arbitrary or discriminatory if the policy adopted has no nexus with the object it seeks to achieve or is mala fide. The Court is to find out whether the decision making process has proceeded on the basis of the principle of law, reasonableness and the principle of natural justice was duly complied with, whether the action of the State or the public authority was done in safeguarding and with due regard in the public interest and as to whether the State or the public authority granted equal treatment and made a fair play in the way of transaction.
Supreme Court of India Cites 47 - Cited by 2519 - P N Bhagwati - Full Document
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