Prescribing Pre-Qualification Criteria By Authority In Tender Document Cannot Be Considered Arbitrary If Conditions Are Reasonable: Calcutta HC

The Calcutta High Court bench of Chief Justice T.S. Indian Oil Corporation Limited rejected the offer of the Appellant as they did not meet Pre Qualification Criteria requirements in the NIP which led to the cancellation of the tender. It was further submitted that the Pre qualification Criteria for the service period 2020 2022 in the Notice Inviting Tender required new tenderer to have supplied a minimum of 900 MT of High Density Ammonium Nitrate in the last five years. The Supreme Court in Afcons Infrastructure Limited vs. Nagpur Metro Rail corporation limited &another held that a constitutional court will not interfere merely due to disagreement with an administrative decision or its process. Case Number: MAT/2470/2023 Judgment Date: 21/03/2025 Advocate for Appellant: Mr. Abhratosh Majumdar, Sr Adv., Mr Chayan Gupta, Mr. Rajesh Upadhyay, Mr Shoham Sanyal and Ms. Surabita Biswas, Advocates Advocate for Indian Oil Corporation : Mr. Sabyasachi Chowdhury, Sr Adv., Ms. Urmila Chakraborty, Mr. Amit Meharia, Ms. Paramita Banerjee, Ms. Subika Paul and Mr. Tamoghna Chattopadhyay Advocates.