Wednesday, August 27, 2025

Scope of judicial review in contractual/tender matters is very limited: Chief Justice Vipul Pancholi led bench

In Madhav Construction, a proprietary concern, vs. The Bihar State Educational Infrastructure Development Corporation Ltd.& Ors. (2025), Patna High Court's Division Bench of Chief Justice Vipul M. Pancholi and Justice Partha Sarthy delivered a 10-page long judgment dated August 14, 2025. This is the 21st judgement by Justice Pancholi as chief justice.  Justice Pancholi concluded:"....we are of the view that respondent-Corporation has not committed any error while rejecting the technical bid of the petitioner....it is well settled that the scope of judicial review while considering the contractual/tender matters under Article 226 of the Constitution of India is very limited. This Court cannot sit in appeal over a decision taken by the  concerned respondent authority. In the present case, we see no reason to interfere with the decision taken by the respondent- Corporation while rejecting the technical bid of the petitioner. 13. Accordingly, the writ petition is dismissed."

The petition was filed by the petitioner under Article 226 of the Constitution of India in which the petitioner had prayed that the decision taken by the respondent Technical Committee of the respondent Bihar State Educational Infrastructure Development Corporation Ltd. in its meeting dated July  7, 2025 to the extent that the technical bid of the petitioner with regard to Notice Inviting Tender (NIT) No. 03 Year 2025-26 dated 14.05.2025 [Serial No. 21], by which the technical bid of the petitioner was rejected, be set aside.

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