Semas Abacus and Mental Arithematic Academy Pvt. Ltd. and Another Vs State of Punjab and Others

High Court Of Punjab And Haryana At Chandigarh 9 Sep 2010 C.W.P. No. 16174 of 2010 (2010) 09 P&H CK 0313
Bench: Division Bench

Judgement Snapshot

Case Number

C.W.P. No. 16174 of 2010

Hon'ble Bench

Ajay Kumar Mittal, J; A.K. Goel, J

Judgement Text

Translate:

Adarsh Kumar Goel, J.@mdashThis petition seeks quashing of conditions of tender contained in tender notice, Annexure P-1. According to the petitioner, many of conditions therein are wholly irrational and have been incorporated only to give benefit to respondent No. 5, who is one of the tenderers, resulting in denial of level playing field to other suitable and eligible candidates. The petitioners have put forward their objections in the representations addressed to respondent No. 2-Director General School Education-cum-State Project Director (SPD), Sarv Shiksha Abhiyan Authority, Punjab, on which no decision was taken.

2. In exercise of power of judicial review, this Court generally does not interfere with the tender conditions except when they are arbitrary and irrational which matter has to be decided after considering the view point of the respondents. We are of the view that instead of seeking response of the respondents, in the first instance, respondent No. 2 may be directed to take decision on objections of the petitioners in accordance with law within two weeks from the date of receipt of a copy of this order. We order accordingly. Till decision is taken by respondent No. 2, the award of contract may not be finalized.

3. The petition is disposed of.

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