Court interference in Tender - eligibility criteria

Appellants: Directorate of Education and Ors.
Vs.
Respondent: Educomp Datamatics Ltd. and Ors.

AIR2004SC1962, 2004 2 AWC(Supp)1789SC

As a matter of policy Government took a conscious decision to deal with one
firm having financial capacity to take up such a big project instead of
dealing with multiple small companies which is a relevant consideration
while awarding such a big project. Moreover, it was for the authority to set
the terms of the tender. The Courts would not interfere with the terms of
the tender notice unless it was shown to be either arbitrary or
discriminatory or actuated by malice. While exercising the power of judicial
review of the terms of the tender notice, the Court cannot say that the
terms of the earlier tender notice would serve the purpose sought to be
achieved better than the terms of tender notice under consideration and
order change in them, unless it is of the opinion that the terms were either
arbitrary or discriminatory or actuated by malice.