WPMS/1385/2021
2021 Latest Caselaw 2720 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
         ON THE 30TH DAY OF JULY, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     Writ Petition (M/S) No. 1385 OF 2021
BETWEEN:

Chirag Service Providers in Front of
Shiv Prakalp Sansthan Kashipur       ...Petitioner

     (By Mr. Pooran Singh Rawat, Advocate)

AND:

State of Uttarakhand & others             ...Respondents

     (By Mr. V.D. Bisen, learned Brief Holder)


                       JUDGMENT

1. By means of this writ petition, petitioner has sought following relief:-

"Therefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to issued a writ order or direction in the nature of certiorari quashing the impugned condition No. 10 to the extent the turnover is required for each year in the technical bid i.e. 10

- [email protected] dk mRiknu foxr 3 o'kksZa esa ¼izR;sd o'kZ ds fy,½ fufonk ewY; :0 21]78]00&00 ¼bDdhl yk[k vBgRrj gtkj ek=½ dk rhu xquk 65]34]000 ¼iSalB yk[k pkSarhl gtkj ek=½ izR;sd o'kZ gksuh pkfg,] foxr 3 o'kksZa dh cSysUl'khV pkVZM ,dkmUVsUV }kjk izekf.kr dh Nk;k izfr layXu djuh gksxhA while in the Tender Document for Procurement of Services for catering (Canteen)/Mess by the Director General for the Government Institutions/Hospital it is not each year."

2. From perusal of the relief clause, it is apparent that petitioner is challenging a condition

regarding financial capacity during the last three years.

3. Hon'ble Supreme Court in the case of Directorate of Education & others Vs Educomp Datamatics Ltd. & others reported in (2004) 4 SCC 19 has held that the courts cannot strike down the terms of the tender prescribed by the Government unless the policy decision is arbitrary, discriminatory or mala fide. The relevant portion of the said judgment is extracted below:-

"12. It has clearly been held in these decisions that the terms of the invitation to tender are not open to judicial scrutiny the same being in the realm of contract. That the government must have a free hand in setting the terms of the tender. It must have reasonable play in its joints as a necessary concomitant for an administrative body in an administrative sphere. The courts would interfere with the administrative policy decision only if it is arbitrary, discriminatory, mala fide or actuated by bias. It is entitled to pragmatic adjustments which may be called for by the particular circumstances. The courts cannot strike down the terms of the tender prescribed by the government because it feels that some other terms in the tender would have been fair, wiser or logical. The courts can interfere only if the policy decision is arbitrary, discriminatory or mala fide."

4. In such view of the matter, there is no scope for interference. Accordingly, the writ petition fails and is hereby dismissed.

(MANOJ KUMAR TIWARI, J.) Aswal