If Tender Conditions/ Award Of Contract Is In Public Interest, Court Can’t Interfere Even If Procedural Aberration/ Error In Assessment Made Out

Case: Delhi Electrical Contractor Welfare Association v. BSES Yamuna Power Limited & Anr.

Coram: Chief Justice SC Sharma and Justice Subramonium Prasad

Case No.: W.P.(C) 9662/2022

Court Observation: “If the decision relating to terms or award of contract is bona fide and in public interest, Courts shall not exercise its power of judicial review to interfere, even if a procedural aberration or error in assessment or prejudice to a tender is made out,”

“It is well settled that while exercising the jurisdiction under Article 226 of the Constitution of India, Courts are slow in interfering in the tender issuance process. A narrow scope for interference has been carved out to prevent arbitrariness, irrationality, unreasonableness and favouritism in the administrative actions of the State.”

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Keywords

Tender Conditions, Award Of Contract