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2015 (12) TMI 1710 - HC - Indian LawsEligibility of tender process - Held that:- In view of the perverse manner in which the entire process had been conducted and the repeated abortive attempts to award the selfsame titles in favour of the appellant even prior to the tendering process, persuades one to hold that the impugned work order issued in favour of the appellant by the President is a product of arbitrariness and favouritism and is liable to be quashed. Public law remedies are to ensure a fair, just and transparent procedure in the realm of awarding contracts in public law and the Courts ought not to shy away from quashing decisions which are patently vitiated with fraud, illegality or arbitrariness even at the behest of a participating bidder if the usufruct of such illegality or arbitrariness has not enured to his benefit nor he has taken undue advantage of the same. In view of the aforesaid discussion, decision of the learned Single Judge to quash the work order for the year 2015-2016 cannot be faulted. However, in the light of the fact that the Council ought to have resorted to fresh tender after alteration of tender conditions instead of resorting to illegal negotiations it cannot be concluded with certainty that the writ petitioner was entitled to the allotment of the work as a matter of right in the instant case and accordingly he is not entitled to compensation in the public law domain in exercise of discretionary jurisdiction of this Court No one has disputed the authenticity of the records of the proceedings of the Council or the letter written by its President communicating the view of the academic committee of the Council in the matter. No dissenting opinion of any member of the Council to such view has been placed before the Court. Accordingly, it can safely be concluded that the aforesaid decision is in effect of the Council itself and no further interference is called for in the matter. It is however directed if the Council desires to print and/or publish any of the books which are subject matter of the tender for the year 2015-2016 through an outside agency it must do so by holding a fresh tender.
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