decision maker
has not understood the law correctly that regulates
his decision making power or when it is found that
the decision of the decision ... decision, then it is
not appropriate for the court to interfere. Ordinarily
soundness of the decision ought not be questioned
but the decision making process
fairness in action and that such a decision is
arrived at by following a proper decision making process. It is
stated in the affidavit that ... concern and even if some defect is
found in the decision making process, the Court must exercise
its jurisdictional power under Article
parties in our order dated 14.12.2018 under the heads of ‘Decision
Making Process’, ‘Pricing’ and ‘Offsets’. However, before proceeding to
deal with these aspects ... making
process, which may be different from the decision taken, but then any
9
decision making process envisages debates and expert opinion and the
final
decisionmaker on relevant
grounds and by disregarding extraneous
considerations.
(f) Reasons have virtually become as
indispensable a component of a decisionmaking
process ... judicial
powers. Transparency in decisionmaking not
only makes the judges and decisionmakers less
prone to errors but also makes them subject to
broader
illegality or
arbitrariness on the part of the authorities, in
decision-
making process, learned Single Judge
7
[email protected].(c) No.8185 ...
decision/action
must be in consonance of Article 14 of the
Constitution of India. The scope is confined to
examine only the
decision-
making process
judicial review of a matter of this nature is
limited. The decision making process is subject matter of
judicial review and not the decision itself ... take decision, scope of judicial review
would remain limited. The scope of judicial review is limited
to the deficiency in decision making process
Petitioner's parochial perception in respect of
the whole tender process as undertaken under the auspices of GeM
Authorities deserves to be discarded ... Respondent Corporation has made all efforts to see
that its decisionmaking process is fair and transparent in all aspects as
has been comprehensively explained
India to look into the public interest element
present in the decision making process of respondent no.1
Company. Learned senior counsel has relied upon ... limited scope of judicial scrutiny and it is only when the decision
making process is found vitiated by malafide, unreasonableness
and arbitrariness, the same
from them
arbitrarily. Though that decision is not amenable to judicial review, the Court can examine the
decision-making process and interfere ... like
court of appeal; it cannot review the decision but can only review the decision making process (iii) the
court does not usually have
that
Judicial review is not against the decision, but is against the decision making
process.
(viii) In State of Maharashtra v. Prakash Prahland Patil reported ... policy
decision of the State. While exercising power of judicial review the court
is more concerned with the decision making process than the merit
