VINISHMA TECHNOLOGIES PVT. LTD. versus STATE OF CHHATTISGARH & ANR.

VINISHMA TECHNOLOGIES PVT. LTD. versus STATE OF CHHATTISGARH & ANR.

The impugned past-performance restriction (requiring cumulative past supplies of Rs.6.00 crores to Chhattisgarh State Government agencies in the last three financial years) is arbitrary, unreasonable and discriminatory, lacks a rational nexus to the object of ensuring effective supply of Sports Kits, and thus violates Article 14 and Article 19(1)(g) of the Constitution; the High Court orders and the tender notices are quashed and set aside, with liberty to issue fresh tenders.

Parties
Appellant: Vinishma Technologies Pvt. Ltd.; Respondent: State of Chhattisgarh; Respondent: State Project Director, Samagra Shiksha Chhattisgarh State Project Office, Department of School Education, Government of Chhattisgarh
Jurisdiction
India
Judgment Date
06 October 2025
Procedural Posture
Civil Appeal / Appeal From High Court Decision in Writ Petitions
Outcome
Appeals allowed; High Court orders and impugned tender notices quashed and set aside
Legal Topics
Article 14, Article 19(1)(g), Tender Conditions, Doctrine of Level Playing Field, Reasonableness, Discrimination, Cartelisation
Constitutional Law Public Procurement Administrative Law Contract Law Article 14 Article 19(1)(g) Tender Conditions Doctrine of Level Playing Field +3 more

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Parties

Vinishma Technologies Pvt. Ltd.

Appellant

State of Chhattisgarh

Respondent

State Project Director, Samagra Shiksha Chhattisgarh State Project Office, Department of School Education, Government of Chhattisgarh

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision in Writ Petitions

Legal Issues

  1. 1 Whether the past-performance tender condition requiring bidders to have supplied sports goods worth at least Rs.6.00 crores to Chhattisgarh State Government agencies in the last three financial years is reasonable and rationally connected to the object of the tender
  2. 2 Whether the impugned condition is arbitrary, discriminatory or violative of Articles 14 and 19(1)(g) of the Constitution of India
  3. 3 Whether the State's justification based on Maoist/Naxal-affected areas and need for local experience can validate the restriction

Ratio Decidendi

The impugned past-performance restriction (requiring cumulative past supplies of Rs.6.00 crores to Chhattisgarh State Government agencies in the last three financial years) is arbitrary, unreasonable and discriminatory, lacks a rational nexus to the object of ensuring effective supply of Sports Kits, and thus violates Article 14 and Article 19(1)(g) of the Constitution; the High Court orders and the tender notices are quashed and set aside, with liberty to issue fresh tenders.

Court Disposition

Appeals allowed; High Court orders and impugned tender notices quashed and set aside

Orders

  • Impugned orders dated 11.08.2025 and 12.08.2025 passed by the High Court quashed and set aside
  • Impugned tender notices dated 21.07.2025 issued by Department of School Education, Government of Chhattisgarh quashed and set aside