TaxTMI 
TaxTMI 
2025 (10) TMI 1403
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....NT ALOK ARADHE, J. 1. Leave granted. 2. These appeals take exception to orders dated 11.08.2025 and 12.08.2025 passed in three Writ Petitions preferred by the appellant. The High Court of Chhattisgarh by the said orders, has repelled the challenge to the impugned tender condition contained in three tender notices dated 21.07.2025 which were issued for supply of Sports Kits to the students of Government Primary School, Government Upper Primary Schools and Government High and Higher Secondary Schools in the State of Chhattisgarh. 3. The facts giving rise to filing of these appeals which lie in a narrow compass, are as under: (I) FACTS 4. The appellant is a Company registered under the Companies Act, 2013 and claims to have experience of supplying Sports Kits to various Departments of the States of Bihar, Karnataka, Gujarat and Government of NCT Delhi. The respondent No. 1 is State of Chhattisgarh whereas respondent No. 2 is State Project Director, Samagra Shiksha Chhattisgarh State Project Office, Department of School Education, Government of Chhattisgarh. 5. The Integrated Child Development Service (ICDS) Scheme is a Scheme for providing for supplementary nutrit....
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....Plates v. Union of India and Ors [(2005) 1 SCC 679]. It was further held that respondents have demonstrated that the impugned tender condition is not unique to the State of Chhattisgarh but is prevalent in other States such as Gujarat, Assam, Delhi, Orissa and Jharkhand. It was further found by the High Court that a contract containing a similar condition, was awarded to the appellant in the State of Jharkhand. The High Court repelled the challenge to impugned tender condition on the ground of discrimination and unreasonableness. 9. It was further held by the Division Bench that State is entitled to prescribe the condition in the impugned tender notices, to ensure that selection of the most capable and reliable bidder takes place, to execute the public project of significant scale, sensitivity and public importance. It was also held that impugned tender condition is neither violative of Article 14 nor Article 19 (1)(g) of the Constitution of India and relates to legitimate object of ensuring technical competence, financial strength, operational capacity as well as long term reliability of successful bidder. Accordingly, the writ petitions preferred by the appellant were dismi....
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....ldren of Government Schools in the State. (IV) ANALYSIS 13. We have considered the rival submissions and have perused the record. For the facility of reference the impugned tender condition is extracted below : "(4) Past Performance Restriction : Bidders must have supplied sports goods worth at least Rs.6.00 crores (cumulative) to State Government agencies of Chhattisgarh in the last three financial years (2021-22, 2022-23, 2023-24 or 2022- 23, 2023-24, 2024-25)." 14. The solitary question which arises for consideration in the instant appeals is whether the aforesaid impugned tender condition meets the test of reasonableness and fairness and or whether the same constitutes an arbitrary criteria which excludes the other eligible bidders from participation thereby violating, the mandate contained in Articles 14 and 19(1)(g) of the Constitution of India. 15. Before proceeding further, it is apposite to briefly advert to contours of judicial review with regard to tender conditions which are well delineated. A three Judge Bench of this Court in Ramana Dayaram Shetty v. International Airport Authority of India & Ors. [(1979) 3 SCC 489; AIR 1979 SC 1628], held that di....
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..... Bharat Forge Ltd. & ANR. (2022) 17 SCC 188] 17. In the backdrop of well settled legal principles, we advert to the fact of the case in hand. The present tender is for supply of Sports Kits to the students of Primary School, Upper Primary School and High and Higher Secondary School run by the State Government in the State of Chhattisgarh. The eligibility criteria mentioned in the impugned tender notices must have rational nexus with the object sought to be achieved i.e., supply of good quality Sports Kits to students of the school, at the best price. The eligibility criteria in impugned notices therefore, should be framed in a manner which encourages wider participation and secures the best prize for the State, which in turn safeguards the public exchequer. 18. This Court in BHARAT FORGE supra has enunciated the doctrine level playing field and has stated that the same finds expression in Article 19(1)(g) of the Constitution. The doctrine of level playing field requires that all equally placed competitors must be given an equal opportunity to participate in trade and commerce. It is designed to prevent the State from skewing the market in favour of few by erecting artificial....