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Judgment
This matter is taken up by video conferencing mode.
The challenge in the present petition is to certain tender conditions, which according to the Petitioner, are harsh.
One concerns the definition of 'family'. This very point is covered against the Petitioner by the decision of this Court dated 20th January, 2021
passed in W.P.(C) No.6604 of 2020 (Nilamadhab Joshi v. State of Odisha).
The other issue raised is about slashing of the scheduled rates for certain blocks. Making a comparison with the tender notice issued earlier, it is
sought to be contended that the tender authorities have substantially increased the estimated value of contracts in the form of work value for
experience certificate and security deposits, while reducing the workable rate per quintal for the units. This, according to the Petitioner, is irrational
and will favour a few bidders thus encouraging monopolies.
The Court is not convinced that the parameters fixed by the tender authority are so arbitrary or shocking to the judicial conscience so as to warrant
interference. In commercial matters, the Court should be low to substitute its opinion for that of the authority which is in the best position to determine
which conditions are best suited for the requirement of ensuring the most competitive bidding process. It is essentially an administrative policy decision
taken by the Opposite Parties, as regards fixing the criteria for eligibility of bidders.
Although counsel for the Petitioner relies on the decision of the Supreme Court in Meerut Development Authority v. Association of Management
Studies (2009) 6 SCC 171, the Court finds that it lays down the broad parameters of the scope of judicial review and is not particularly helpful to the
Petitioner on the facts of the present case. Nothing demonstrably shown to be arbitrary or irrational in the tender conditions here, the Court is not
inclined to interfere.
The writ petition is accordingly dismissed.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order
available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide
Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.