Lawstreet Journal

Courts should show restraint from interpretation of tender documents: Supreme Court [Read Judgment]

Lawstreet Journal 3 Feb 2022 5:46pm

Image courtesy: Lawstreet Journal Judiciary Courts should show restraint from interpretation of tender documents: Supreme Court [Read Judgment]

The author of the tender document is the best person to interpret its documents and requirements, the Supreme Court reiterated in a judgment delivered on Monday (31 Jan 2022). The bench comprising Justices Dinesh Maheshwari and Vikram Nath observed that the interference by the Court would only arise if the questioned decision suffers from the illegality, irrationality, mala fide, perversity, or procedural impropriety. 

The court, added that a decision of the administrative authority cannot be called arbitrary or whimsical merely because it does not appear plausible to the court. The court was considering an appeal filed against the Delhi High Court Judgment which had allowed the writ petition filed by 'Resoursys Telecom' and disapproved of the technical disqualification and consequential rejection of the technical bid of 'Resoursys Telecom' (writ petitioner) in respect of a tender floated by the Navodaya Vidyalaya Samiti(NVS).

The tender inviting authority, i.e., NVS, had rejected the technical bid of writ petitioner for want of fulfilment of 'Past Performance' criterion about the supply of 'same or similar Category Products' of 60% of bid quantity in at least one of the last three financial years. The tender notice in question was issued for the supply of Tablets for the students of Class XI and XII.

The bench referred to earlier judgments on the scope of judicial review in contractual matters, particularly concerning the process of interpretation of the tender document. The court observed: 

“The above-mentioned statements of law make it amply clear that the author of the tender document is taken to… Continue Reading...

Tagged: Supreme Court of India  
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