(d) Certain preconditions or qualifications for tenders have to be laid
down to ensure that contractor has the capacity and the resources
to successfully execute the work; and
(e) If the State or its instrumentalities act reasonably, fairly and in
public interest in awarding contract, here again, interference by
court is very restrictive since no person can claim a fundamental
right to carry on business with the Government.”
55. In the case of Afcons Infrastructure Limited vs. Nagpur Metro
Rail Corporation Limited, reported in (2016) 16 SCC 818, the Hon’ble
Supreme Court held as follows:
“15. We may add that owner or the employer of a project,
having authored the tender documents is the best person to
understand and appreciate its requirements and interpret its
documents. The constitutional courts must defer to this
understanding and appreciation of the tender documents,
unless there is mala fide or perversity in the understanding or
appreciation or in application of the terms of the tender
conditions. It is possible that owner or employer of a project
may give an interpretation to the tender documents that is not
acceptable to the constitutional courts but that by itself is not a
reason for interfering with the interpretation given.”
