AIROnline 2025 SC 284

Supreme Court Of India

(From : AIROnline 2021 KER 1227)

Hon'ble Judge(s): Bela M.trivedi, Prasanna B. Varale , JJ

Constitution of India , Art.226— Re-tendering - Legality - DFO being tendering authority had found that some contractors could not participate in tender due to Covid restrictions and therefore, proceeded to retender work - Petitioners who were still allowed to participate, were not prejudiced by retender - Order of retender would give equal opportunity to all bidders and thus, there would be fair play between them - Setting aside of order of retender, by Single Judge was erroneous since no finding was recorded that order of DFO was mala fide - It is settled principle of law that Government is protector of financial resources of State and thus, it has every right to cancel and call for fresh tender if it is in nature of protecting financial interests of State - Decision taken by authority did not affect public interest, but rather was in furtherance of cause of public interest and fair play - Setting aside of retender notification by High Court, was erroneous. AIROnline 2021 KER 1227-ReversedAIR 2012 SC 2915-Relied on (Para 15 20 22) .....