In Brief
Navodaya Vidyalaya Samiti floated a tender for supply of 68,940 tablets. Resoursys Telecom's bid was rejected for failing the 'Past Performance' criterion—it fell 10.2% short of the required 60% quantity because it was supplying smartphones, not tablets. The High Court set aside the rejection, treating smartphones as 'similar category products' to tablets. The Supreme Court reversed this, holding that the tender inviting authority is the best judge of what constitutes 'similar category products' for its requirements, especially when the products are classified differently in official portals and customs law. Unless arbitrary, irrational or mala fide, the Court should not substitute its interpretation for the authority's reasonable view. The appeals succeed.
The lawyer headnote and full judgment text are available to registered users.