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Judicial Review Is Possible Only If There Is Unreasonableness, Irrationality Or Arbitrariness, Bias And Mala Fides

The Supreme Court, in Municipal Corporation, Ujjain vs. BVG India Limited, has reiterated that unless the court concludes that the decision-making process or the decision taken by the authority bristles with mala fides, arbitrariness, or perversity, or that the authority has intended to favour someone, the constitutional court will not interfere with the decision-making process or the decision of administrative authorities, especially those relating to acceptance of tender and award of contract.

A three-judge bench comprising Justice Ranjan Gogoi, Justice R Banumathi and Justice Mohan M Shantanagoudar summarized scope of judicial review, as follows:

* Under the scope of judicial review, the high court could not ordinarily interfere with the judgment of the expert consultant on the issues of technical qualifications of a bidder when the consultant takes into consideration various factors including the basis of non-performance of the bidder;

* A bidder who submits a bid expressly declaring that it is submitting the same independently and without any partners, consortium or joint venture, cannot rely upon the technical qualifications of any 3rd Party for its qualification.

* It is not open to the court to independently evaluate the technical bids and financial bids of the parties as an appellate authority for coming to its conclusion inasmuch as unless the thresholds of mala fides, intention to favour someone or bias, arbitrariness, irrationality or perversity are met, where a decision is taken purely on public interest, the court ordinarily should exercise judicial restraint.

Article referred: http://www.livelaw.in/judicial-review-possible-unreasonableness-irrationality-arbitrariness-bias-mala-fides-reiterates-sc-read-judgment/

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