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Supreme Court of India 2016-09-20 dismissed

Shobikaa Impex Pvt. Ltd. and Anr vs Central Medical Services Society and Ors

Bench: 2 — Dipak Misra

In Brief

Shobikaa Impex sought to participate in a tender for procurement of Long Lasting Insecticide Nets (LLIN), but their bid was rejected as non-responsive because they failed to produce a Central Insecticide Board (CIB) registration certificate at the time of tender opening, despite the CIB's approval decision earlier. The Court held that a CIB decision to approve registration is distinct from actual issuance of a registration certificate. Since the tender explicitly required the certificate to be produced at bid opening, and the appellants did not comply, their bid was properly rejected. The amendment to tender clauses was valid, uniformly applied, and served public interest. Public procurement decisions based on objective criteria are not arbitrary and courts will not interfere merely to protect private interests.

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Tender Law Public Procurement Administrative Law Arbitrariness Constitutional Law Regulatory Compliance

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