In Brief
A hospital floated a tender for diet supply services requiring bidders to possess a valid labour licence under the Contract Labour Act and three years' experience. The appellant was found the lowest bidder and awarded the contract. The respondent, disqualified for lack of the required licence and experience, challenged this in the High Court, which quashed the award to the appellant and directed it be granted to the respondent, treating the appellant's award as mala fide. The Supreme Court reversed the High Court, holding that a tendering authority is the best judge of its own tender requirements and must be deferred to unless the decision is perverse or mala fide. The Court found no cogent proof of mala fide and held that a registration certificate under a different statute could not substitute for a labour licence as specifically required.
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