Judicial Review Of Govt Contracts Permitted Only If There Is Illegality In Decision Making Process Placing Public Interest At Risk
Case: Ms Verve Human Care Laboratories V. Union Of India & Ors.
Coram: Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad
Case No.: W.P.(C) 3270/2022
Court Observation: “It is settled law that the authority that authors the tender document is the best person to understand and appreciate its requirements, and the Court should not sit like a Court of Appeal over the appropriate authority and must realise that the authority floating the tender is the best judge of its requirements,”
“In view of this, a well-considered decision had been taken to relax the eligibility criteria and re-float the tender in order to maximise participation in furtherance of public interest. This Court does not find the said decision to be so illegal, arbitrary or unreasonable that it may warrant the interference by way of judicial review,”
“Whenever this question surfaces, it is incumbent upon the Courts to determine the same not in accordance with the claimant’s perception, but in larger public interest wherein other more important considerations may outweigh what otherwise would have been the legitimate expectation of the claimant. A bona fide decision of an authority can be said to satisfy the requirement of non- arbitrariness and withstand judicial scrutiny,”
Previous Posts
Pendency Of Prosecution No Bar To An Order Of Preventive Detention: J&K&L High Court
Keywords
Judicial Review Of Govt Contracts, Illegality In Decision, Public Interest At Risk
