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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

Vinishma Technologies, an experienced supplier to other states, challenged a tender issued by Chhattisgarh for supplying Sports Kits to government schools. The tender restricted participation to bidders with prior supply experience within Chhattisgarh. The Supreme Court held that this condition was arbitrary and unconstitutional. It violated the right to equality (Article 14) and freedom of trade (Article 19(1)(g)) by creating artificial barriers that excluded competent suppliers without rational cause. The Court reasoned that eligibility criteria must relate to the actual objective—obtaining quality goods—not the location of previous performance. The tender condition had no nexus to the subject matter and promoted cartelization. The Court quashed the tender notices and allowed the appeals, permitting fresh tender issuance without geographic restrictions.

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Constitutional Law Public Procurement Competition Law Fundamental Rights Tender Conditions Article 14 - Equality Article 19(1)(g) - Right to Trade Administrative Law Arbitrary Action Level Playing Field Doctrine

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