IN THE HIGH COURT OF KARNATAKA AT BANGALORE”-._
DATED THIS THE 27*” my OF AUGUST, zome e
BEFORE
THE HON’BLE MR.J’UsT’ICE MOHAN;:ASHANTfiNA(§’OUD.A§V ‘,
wan PETITION No_17397/2039
BETWEEN :
M/s. Mahendra Labs Pvt.’,__L’Ed., T V ”
Peenya Industrial Area 4′ M – V
Banga1ore–56O 058
Rep by its Direcztorf _ .
Madanraj Nahar; ‘
S/0 Dhanraj Nahar 1] ‘ ‘
Aged about 58 years ‘ ‘
R/a No.33,_IHCr0.$S V ‘V _ – T T
Nehru Nagar; Ban.ga1d:fe–Q1*.» _ ..Petitioner
(By M / s. Naiic. 8; Neiir’:Lew*« Adv.,)
E _
‘V *1._._ The ‘iAp_pfeilg1te Anti1e.rity/
Principal Secretary to Government
. V Anima1v.VH’u_S’bar1dary 85 Fisheries
Department, Gnvernment of
Karnataka; Tm. Ambedkar Veedhi
Ban_gal_0’re:5%30 O01.
” The ljeprzty Director (SFDA) and
.. f V. Member Secretary
‘ ‘Fe.n_der Inviting and Tender
Government must have a free hand in setting the terms
of the tender. In other words, a fair piay in the is
a necessary concomitant for an administrative’ibodyf a-
functioning in an administrative ._sph’ere;”o”r» qu_’_asi:_ it
administrative sphere. The courts
the administrative policy decision on1y__ if it ‘~is”ar’bi’trary, ”
discriminatory, rriaiav or'”‘a.c:t-uta-ted The
tender inviting authority to pragmatic
adjustments the particular
strike down the
terms by the Government
becausiegit other terms in the tender
would _ have been Wiser or logical Normally
V. the decisionv to accept the tender or award the
»vreac_hed by process of negotiations through
several itMore often than not, such decisions are
“made cp.1__a;litative1y by experts.
iv”
The State can choose its own method to arrive at a
decision. It can fix its own terms of invitations to tender
and that it is not open to judicial scrutiny
terms couid be condemned on the touchstone K it
14 postulates. Price need not
criterion for awarding a contract. it is free to. ggra1’it*.a;riy
relaxation for bona fide reasoiisjif the “ten’de-tr conditions
permit such a relaxation. r1_ot.pacceptVAVVthe offer
even though it happens the lowest.
8. in{sist’x’ti1e”: tender accepting
authoijty to as the authority has felt
that the rates d on higher side. The Tender
Accepting Authority expert in the field. This Court
appellate authority over the decision of
‘g’i4;\Vc.cepting Authority for coming to the
‘V different. «conclusion, in such matters.
I”
In View of the same, this Court does not find _a.__ny
ground to interfere with the impugned order.
petition fails and accordingly same is dismisseri. V
*cI-::/ bsn-