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Supreme Court of India 2025-10-06 allowed

VINISHMA TECHNOLOGIES PVT. LTD vs STATE OF CHHATTISGARH & ANR

Bench: 2 — Sanjay Kumar, Alok Aradhe

In Brief

The Supreme Court quashed tender conditions issued by Chhattisgarh's Department of School Education that restricted eligibility to suppliers with prior experience supplying to the state. The Court held that requiring bidders to have supplied sports kits worth Rs. 6 crores cumulatively to state agencies in the preceding three years was arbitrary and violated Articles 14 and 19(1)(g). The restriction unlawfully excluded competent suppliers from other states and created artificial barriers to competition, promoting cartelization. The Court rejected the state's justification based on Maoist-affected geography, noting the tender concerned non-security-sensitive sports kits and applied uniformly to the entire state. The Court affirmed that public procurement must encourage wider participation to secure quality goods at best price, and ordered the state to reissue tenders without discriminatory conditions.

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Public Procurement Constitutional Law Tender Conditions Fundamental Rights Articles 14 and 19(1)(g) Level Playing Field Doctrine Judicial Review of Tenders

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