Case Note & Summary
The petitioner, Shri Pundalik Tukaram Chowgule, filed a writ petition before the Bombay High Court at Goa challenging the selection process for a Retail Outlet Dealership conducted by Hindustan Petroleum Corporation Limited (HPCL). The petitioner sought a writ of certiorari to quash the merit list, selection process, and letter of intent dated 19/08/2011 issued in favor of respondent no.4, Smt. Rajashri Vijay Sawardekar. He also sought a writ of mandamus directing HPCL to undertake a fresh selection process and reassess his marks under the criterion 'Liquid cash in the form of bank Fixed Deposit etc.' under the heading 'capability to arrange the finance'. The court found that justice and equity were in favor of the petitioner, who was admittedly eligible to bid. The court held that the marking under the liquid cash criterion was arbitrary and unreasonable, and directed reassessment of marks and a fresh selection process.
Headnote
A) Administrative Law - Tender Evaluation - Arbitrary Marking - Liquid Cash Criterion - The court examined whether the marks awarded to the petitioner under the 'Liquid cash in the form of bank Fixed Deposit etc.' criterion were arbitrary and unreasonable - Held that the marking was arbitrary and directed reassessment of marks and fresh selection process (Paras 1-2).
Issue of Consideration
Whether the selection process for a Retail Outlet Dealership was vitiated by arbitrary and unreasonable marking under the 'Liquid cash in the form of bank Fixed Deposit etc.' criterion, warranting reassessment and fresh selection.
Final Decision
The court allowed the writ petition, directed reassessment of marks under the 'Liquid cash' criterion and a fresh selection process.
Law Points
- Arbitrary marking in tender evaluation
- Reassessment of marks
- Liquid cash criterion
- Writ of certiorari
- Writ of mandamus
