The Jharkhand High Court has dismissed a petition filed challenging a clause in a tender notice issued by the Jharkhand government.
The petitioner (Private Limited) argued that Clause 6.1.2 of the Notice Inviting Tender (NIT) was arbitrary and discriminatory, as it required bidders to have experience providing paramedical manpower services specifically in Jharkhand’s government healthcare sector.
The court, comprising Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan, cited Supreme Court judgments in Michigan Rubber (India) Limited v. State of Karnataka and Airport Authority of India v. Centre for Aviation Policy, Safety & Research, emphasizing that government authorities have latitude in formulating tender conditions and awarding contracts.
The judges held that the impugned clause was not arbitrary or discriminatory, as it aimed to ensure bidders had the necessary capacity and resources to execute the work successfully.
They ruled that courts should not interfere with tender terms unless they are malicious, discriminatory, or arbitrary.
The petition was dismissed without costs, upholding the government’s discretion in setting tender conditions.