Mohammad Sultan Khan Vs. Union of India & Ors.

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 17290,18637 of 2020, Judgment Date: Jul 22, 2021

Law laid down -

Article 226 of the Constitution – Judicial review of contract matter – Law summarised- if the decision making process is shown to be arbitrary, unreasonable and hits Wednesbury principles, interference can be made.

Clause 8 of the NIT – The bidder was required to furnish informations regarding the vehicle to be provided by him. The respondent No.4 has not filled up relevant entries of the prescribed form and did not file relevant documents along with his tender. The technical bid of respondent No.4 was rightly rejected by the department.

Review of decision by Department - After rejecting the technical bid of respondent No.4, the Department reviewed its decision without there being any enabling provision which was held to be impermissible. Review of decision to make respondent No.4 as eligible was taken for no valid reasons. Thus, the impugned decisions of review whereby respondent No.4 was held to be eligible are set aside and direction was issued to consider the petitioners.

Validity of a decision/order- Needs to be tested on the reasons mentioned therein and cannot be validated by substituting reasons by filing counter affidavit before the Court.

Mohammad Sultan Khan Vs. Union of India & Ors.