G.J FERNANDEZ versus STATE OF KARNATAKA & ORS.

G.J FERNANDEZ versus STATE OF KARNATAKA & ORS.

Omission to supply every small detail referred to in Para V of the tender notice does not necessarily affect eligibility under Para I and disqualify the tenderer; assessment is for the contracting authority, not the Court. Where the administrative authority bona fide and consistently interprets eligibility requirements and applies standards without arbitrariness or discrimination, the Court should not interfere. Comparative merits among tenderers are for the administrative authority, not for judicial review.

Parties
Petitioner: G.J. Fernandez; Respondents: State of Karnataka & Ors.
Jurisdiction
India
Judgment Date
01 February 1990
Procedural Posture
Civil Appeal / Appeal by Special Leave From Karnataka High Court Judgment in Writ Appeal No. 2017 of 1989
Outcome
Appeal dismissed
Legal Topics
Award of State Contracts, Eligibility for Supply of Tender Documents, Judicial Review of Administrative Decisions, Fairness and Arbitrariness in Government Contracting
Constitutional Law Administrative Law Government Contracts Award of State Contracts Eligibility for Supply of Tender Documents Judicial Review of Administrative Decisions Fairness and Arbitrariness in Government Contracting

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Parties

G.J. Fernandez

Petitioner

State of Karnataka & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Karnataka High Court Judgment in Writ Appeal No. 2017 of 1989

Legal Issues

  1. 1 Whether failure to supply every detail required by tender notice affects eligibility to tender
  2. 2 Whether Court should interfere with administrative interpretation and application of tender requirements
  3. 3 Whether comparative merits of tenderers should be appraised by the Court

Ratio Decidendi

Omission to supply every small detail referred to in Para V of the tender notice does not necessarily affect eligibility under Para I and disqualify the tenderer; assessment is for the contracting authority, not the Court. Where the administrative authority bona fide and consistently interprets eligibility requirements and applies standards without arbitrariness or discrimination, the Court should not interfere. Comparative merits among tenderers are for the administrative authority, not for judicial review.

Court Disposition

Appeal dismissed