Constitution of India, 1950 , Art. 14, Art. 226 – tender – Interference in the decision making process of the competent authority in accepting or rejecting the bid of a tenderer is permissible only if the decision making process is mala fide or is intended to favour someone – Likewise interference in such matters would not be warranted unless it is shown that the action of the authority concerned is so arbitrary or irrational that the Court could say that such action is one which no responsible authority acting reasonably and in accordance with law could have reached – In other words the decision making process or the decision should be perverse and not merely faulty or incorrect or erroneous – Metro Railways (Operation and maintenance) Act, 2002, S. 2(i).
Afcons Infrastructure Ltd.v. Nagpur Metro Rail Corporation Ltd., 2016 PLRonline 0007, (2016) AIR(SCW) 4305 : (2016) 6 AIRBomR 235 : (2016) AIRSC 4305 : (2017) 1 ALLMR 448 : (2016) 6 AllWC 5533 : (2016) 4 JLJR 166 : (2016) 9 JT 165 : (2016) 4 KLT 6 : (2016) 7 MLJ 172 : (2016) 8 Scale 765 : (2016) 16 SCC 818