M/S Sri Sai And Co vs The State Of Ap And Others on 13 July, 2026

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    Andhra Pradesh High Court – Amravati

    M/S Sri Sai And Co vs The State Of Ap And Others on 13 July, 2026

    Date of reserved for orders :    27.02.2026
    Date of pronouncement        :   13.07.2026
    Date of uploading        :       14.07.2026
    APHC010718612025
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                 [3329]
                              (Special Original Jurisdiction)
    
                       MONDAY, THE 13th DAY OF JULY 2026
    
                                     PRESENT
    
    THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
    
                           WRIT PETITION NO: 36674/2025
    
    Between:
    
    M/s Sri Sai And Co                                     ...PETITIONER
    
                                        AND
    
    The State Of Ap and Others                        ...RESPONDENT(S)
    
    Counsel for the Petitioner:
    
       1. S RAM BABU
    
    Counsel for the Respondent(S):
    
       1. THE ADVOCATE GENERAL
    
    The Court made the following:
                                                                                 NV,J
                                                        W.P.No.36674 of 2025 & batch
    
    
                                       2
    
    
    
    
    APHC010718472025
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                        [3329]
                              (Special Original Jurisdiction)
    
                       MONDAY, THE 13th DAY OF JULY 2026
    
                                   PRESENT
    
    THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
    
                         WRIT PETITION NO: 36675/2025
    
    Between:
    
    Harihareshwara Mahila Udyoga Matthu Seva Sangha         ...PETITIONER
    
                                     AND
    
    The State Of Ap and Others                        ...RESPONDENT(S)
    
    Counsel for the Petitioner:
    
      1. S N CHIDAMBARA SASTRY
    
    Counsel for the Respondent(S):
    
      1. GP FOR WOMEN DEV CHILD WELFARE
    
    The Court made the following:
                                                                                 NV,J
                                                        W.P.No.36674 of 2025 & batch
    
    
                                       3
    
    
    
    
    APHC010717262025
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                        [3329]
                              (Special Original Jurisdiction)
    
                       MONDAY, THE 13th DAY OF JULY 2026
    
                                   PRESENT
    
    THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
    
                         WRIT PETITION NO: 36748/2025
    
    Between:
    
    Sanjeevini Mahila Vikasa Seva Sangha                    ...PETITIONER
    
                                     AND
    
    The State Of Andhra Pradesh and Others           ...RESPONDENT(S)
    
    Counsel for the Petitioner:
    
      1. B.ABHAY SIDDHANTH MOOTHA
    
    Counsel for the Respondent(S):
    
      1. THE ADVOCATE GENERAL
    
    The Court made the following:
                                                                                 NV,J
                                                        W.P.No.36674 of 2025 & batch
    
    
                                       4
    
    
    
    
    APHC010717212025
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                        [3329]
                              (Special Original Jurisdiction)
    
                       MONDAY, THE 13th DAY OF JULY 2026
    
                                   PRESENT
    
    THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
    
                         WRIT PETITION NO: 36753/2025
    
    Between:
    
    Sanjeevini Mahila Vikasa Seva Sangha                    ...PETITIONER
    
                                     AND
    
    The State Of Andhra Pradesh and Others           ...RESPONDENT(S)
    
    Counsel for the Petitioner:
    
      1. B.ABHAY SIDDHANTH MOOTHA
    
    Counsel for the Respondent(S):
    
      1. GP FOR WOMEN DEV CHILD WELFARE
    
    The Court made the following:
                                                                                 NV,J
                                                        W.P.No.36674 of 2025 & batch
    
    
                                       5
    
    
    
    
    APHC010000972026
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                        [3329]
                              (Special Original Jurisdiction)
    
                       MONDAY, THE 13th DAY OF JULY 2026
    
                                   PRESENT
    
    THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
    
                           WRIT PETITION NO: 59/2026
    
    Between:
    
    M/s.sanwaria Sweets Private Limited,                    ...PETITIONER
    
                                     AND
    
    The State Of Andhra Pradesh and Others             ...RESPONDENT(S)
    
    Counsel for the Petitioner:
    
       1. B.ABHAY SIDDHANTH MOOTHA
    
    Counsel for the Respondent(S):
    
       1. THE ADVOCATE GENERAL
    
    The Court made the following:
                                                                                  NV,J
                                                         W.P.No.36674 of 2025 & batch
    
    
                                        6
    
    
    
    
    APHC010016912026
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                         [3329]
                              (Special Original Jurisdiction)
    
                       MONDAY, THE 13th DAY OF JULY 2026
    
                                    PRESENT
    
    THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
    
                          WRIT PETITION NO: 1208/2026
    
    Between:
    
    Christy Friedgram Industry Private Limited               ...PETITIONER
    
                                       AND
    
    The State Of Andhra Pradesh and Others              ...RESPONDENT(S)
    
    Counsel for the Petitioner:
    
       1. P BADRINATH
    
    Counsel for the Respondent(S):
    
       1. THE ADVOCATE GENERAL
    
    The Court made the following:
                                                                                           NV,J
                                                                  W.P.No.36674 of 2025 & batch
    
    
                                             7
    
    
    
    HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
    
    
          WRIT PETITION NOS.36674, 36675, 36748, 36753 OF 2025 &
                 WRIT PETITION NOs.59 AND 1208 OF 2026
    
    COMMON ORDER:

    1. The present batch of cases arises out of the tender process initiated

    SPONSORED

    by the Government of Andhra Pradesh for procurement and supply of

    Junior Balamrutham for children aged 7-12 months and Senior

    Balamrutham for children aged 13-36 months under the Bala Sanjeevani

    and Bala Sanjeevani Plus Schemes implemented as part of the Integrated

    Child Development Services (ICDS) Programme. The State floated the

    tender notification on 04.09.2025 through the Andhra Pradesh

    e-Procurement Portal for three zones across the State. The scheme is

    intended to provide nutritional support to children through Anganwadi

    Centres and forms part of the State’s welfare measures addressing child

    nutrition.

    2. Pursuant to the tender notification, a pre-bid meeting was conducted

    on 12.09.2025, wherein prospective bidders participated and certain

    queries were raised regarding the tender conditions. The original bid

    submission deadline was fixed as 20.09.2025. Subsequently, the deadline
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    8

    was extended on more than one occasion and ultimately stood extended

    till 28.10.2025. In the interregnum, a Corrigendum, signed on 11.12.2025

    and published on 12.12.2025, was issued modifying certain clauses of the

    tender document. The modifications inter alia related to the definition of

    “similar food products”, eligibility criteria, BIS certification, ISO certification,

    manufacturing requirements, land requirements, submission of samples,

    production plans and proof of raw material availability.

    3. The tender conditions and the Corrigendum were considered by a

    State Level Procurement Committee constituted by the Government. The

    Committee comprised of Senior Government officials and other members

    was entrusted with the responsibility of examining and finalising the tender

    conditions. Pursuant to the publication of the Corrigendum and extension

    of the bid submission date, various writ petitions came to be instituted

    challenging the tender conditions and the Corrigendum.

    4. It is not in dispute that most of the petitioners in the batch of writ

    petitions challenging the tender conditions did not participate in the bidding

    process and even they did not register in the e-tender portal website, which

    is preliminary requirement for participation in the tender process. However,

    M/s. Christy Friedgram Industry Private Limited, the petitioner in
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    9

    W.P. No.1208 of 2026, participated in the tender process and submitted its

    bid on 29.12.2025. According to the said petitioner, it submitted all

    mandatory documents prescribed under the tender, including a shelf-life

    certificate issued by a Government Food Research Laboratory certifying a

    minimum shelf life of ninety days. The tender conditions prescribed various

    eligibility and technical requirements relating to prior experience, turnover,

    delivery capability, BIS certification, ISO certification, performance

    certificates and shelf-life certification. It is also a matter of record that on

    08.01.2026 this Court permitted the respondents to proceed with the

    tender process while restraining finalisation of the bids pending further

    consideration of the matter.

    5. Insofar as W.P. No.1208 of 2026 is concerned, the petitioner therein,

    M/s. Christy Friedgram Industry Private Limited, does not challenge the

    tender conditions. Its grievance is directed against the manner in which the

    tender is proposed to be evaluated. According to the petitioner, the shelf-

    life certificate prescribed under the tender is an essential condition and

    mandatory for all bidders. It is contended that the petitioner alone

    submitted the requisite shelf-life certificate issued by a Government Food

    Research Laboratory, whereas the other bidders failed to furnish the said
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    10

    document. Therefore, non-compliance of a mandatory clause, renders

    ineligible in further process of tender.

    6. Sri S.S. Prasad, learned Senior Counsel appearing for the petitioner

    in W.P.No.36675 of 2025 submits that the tender process has been

    conducted in a manner that is unfair, arbitrary and contrary to the tender

    conditions. The original tender notification was issued on 04.09.2025 and

    the last date for submission of bids was extended several times up to

    28.10.2025. Even after these extensions, no bids were received.

    Therefore, once the final bid date expired, the entire tender process had

    come to an end. In such a situation, the respondents could not have

    brought the tender back to life by issuing a corrigendum on 12.12.2025. If

    the authorities intend that the tender conditions required modification, they

    should have cancelled the earlier tender and issued a fresh notification.

    Instead, the respondents attempted to continue an expired tender by

    making substantial changes through a corrigendum, which, according to

    the petitioner, is not permitted under the tender conditions. It is argued that

    Clause 2.12 of the tender document permits amendments only before the

    bid due date and, therefore, any modification made after 28.10.2025 is

    illegal and without authority.

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    7. Learned Senior Counsel drawn attention of this Court to paragraph

    No.19 of the judgment of the Hon’ble Supreme Court in Vinishma

    Technologies Private Limited vs. State of Chattisgarh1, wherein the

    Court held as follows:

    “The object of public procurement is to secure quality goods
    and services for the benefit of public exchequer. The said
    object can be achieved by requiring the bidders to
    demonstrate financial capacity, technical experience, and
    past performance in contracts of similar nature, regardless
    of place of performance of the contract. To confine the
    eligibility to participate in the tender, within one State is not
    only irrational but is also disproportionate to the goal of
    ensuring effective delivery of Sports Kits”.

    8. The learned Senior Counsel contends that the tender notification

    itself did not mention about any pre-bid meeting, nor was such meeting

    publicised. As a result, many prospective bidders, including the petitioner,

    had no opportunity to participate in those discussions/deliberations or

    place their concerns before the authorities. It is argued that any changes to

    important tender conditions must be made through a transparent process,

    muchless, that is equally accessible to all interested parties. Instead, the

    1
    2025 SCC Online SC 2119
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    respondents relied upon representations submitted by a few entities and

    used those representations for altering major eligibility conditions.

    According to the petitioner, this entire procedure lacked transparency and

    denied equal opportunity to other manufacturers who may have been

    interested in participating, if they were aware of the proposed amendments

    to the existing terms.

    9. In Saheli Nandi vs. Union of India2, High Court of Calcutta,

    observed as follows:

    “It is also well-settled that “the goal posts cannot be
    changed once the game has begun”. In the present case,
    the respondent-Authorities have altered the cardinal
    premise of the tender, that is, the minimum quotable rate,
    after all the bidders submitted their bid and had no occasion
    to alter the same. Such arbitrary fixation of a minimum price
    after taking in all the bids is unheard of and ex facie
    arbitrary. If the petitioner and the private respondent nos.6
    to 12 and the other bidders were aware that the minimum
    rate was Rs.88.63p they would havedefinitely taken the
    same into consideration and put in their bids accordingly. In
    fact, fixing a particular minimum rate has its own demerits. It
    is often seen that in such cases several, if not all, bidders

    2
    2023 SCC Online Cal 4953
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    quote exactly the minimum rate as their own quotations,
    which would render an otherwise competitive tender a
    farce.”

    10. The learned Senior Counsel also argues that the corrigendum does

    not merely clarify the original tender conditions but completely changes the

    nature of the tender. One of the main grievance is with regard to definition

    of “similar food products.” The original tender referred broadly to

    experience in the manufacture and supply of Balamrutham or similar food

    products. However, the corrigendum restricted the meaning of similar

    products only regarding few specified items such as multigrain atta, ragi

    flour, rice flakes, groundnut chikki and hot cooked meals. According to the

    petitioner, these products are not truly comparable to Balamrutham, which

    is a specialised nutritional food supplied to children. The petitioner submits

    that there are many other nutritional products with similar nature, but

    manufacturers of those products have been excluded by the narrow

    definition introduced through the corrigendum. It is therefore argued that

    the amendment is arbitrary and appears to have been designed to favour a

    limited category of bidders while excluding others who possess relevant

    experience and expertise in respect of Balamrutham products.

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    W.P.No.36674 of 2025 & batch

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    11. The petitioner further challenges the eligibility conditions relating to

    past supply experience and manufacturing facilities. It is submitted that the

    tender effectively requires bidders to have prior experience of supplying

    products to a large number of delivery points in Andhra Pradesh and also

    insists upon establishment of a manufacturing unit within the State.

    According to the petitioner, these conditions have no reasonable

    connection with the objective of ensuring quality supply. The petitioner

    claims to have extensive experience in manufacturing and supplying

    comparable nutritional products under government programmes in the

    State of Karnataka and other places. Nevertheless, because the

    experience requirement is exclusively linked to State of Andhra Pradesh

    and due to the manufacturing unit is required to be located within the State,

    the petitioner is effectively excluded from participating. Learned Senior

    Counsel argues that such amended conditions unnecessarily restrict

    competition and prevent otherwise competent manufacturers from

    competing for the contract. It is submitted that public tenders should

    encourage wider participation and competition rather than creating barriers

    that would favour a small group of local participants.

    12. Another submission is that, while the respondents have imposed

    restrictive eligibility conditions, they have at the same time diluted several
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    important quality-control requirements. Senior Counsel points out that the

    original tender required bidders to possess BIS licences, ISO certifications,

    accredited testing facilities and other quality certifications at the time of

    bidding. These requirements were intended to ensure that only qualified

    manufacturers supplying safe and nutritious food could participate.

    However, through the corrigendum, the respondents permitted bidders to

    participate even without possessing such certifications, provided they

    merely submitted proof that they had applied for them or undertook to

    obtain them later. Similar relaxations were granted with regard to

    laboratory facilities, testing requirements and submission of product

    samples. According to the petitioner, these relaxations seriously

    compromise quality standards, particularly because the product is intended

    for infants and young children. It is argued that food safety and quality

    cannot be left to future compliance or promises and that mandatory

    certifications should exist at the time of bidding itself.

    13. In Tata Cellular vs Union of India3, the Hon’;ble Supreme Court

    held as follows:

    “It cannot be denied that the principles of judicial review
    would apply to the exercise of contractual powers by

    3
    1994 (6) SCC 6651
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    Government bodies in order to prevent arbitrariness or
    favoritism. However, it must be clearly stated that there are
    inherent limitations in exercise of that power of judicial
    review. Government is the guardian of the finances of the
    State. It is expected to protect the financial interest of the
    State. The right to refuse the lowest or any other tender is
    always available to the Government. But, the principles laid
    down in
    Article 14 of the Constitution have to be kept in view
    while accepting or refusing a tender. There can be no
    question of infringement of Article 14 if the Government tries
    to get the best person or the best quotation. The right to
    choose cannot be considered to be an arbitrary power. Of
    course, if the said power is exercised for any collateral
    purpose the exercise of that power will be struck down.”

    14. In support of his contentions, learned Senior Counsel placed

    reliance of the Hon’ble Apex Court in the following judgments:

    (i) Ramana Dayaram Shetty vs. International Airport Authority of India4;

    (ii) Vinishma Technologies Private Limited vs. State of Chattisgarh

    (referred supra);

    (iii) Monarch Infrastructure (P) Ltd vs. Commissioner, Ulhasnagar

    Municipal Corporation Limited5;

    4

    1979 (3) SCC 489
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    (iv) Saheli Nandi vs. Union of India (referred supra);

    (v) Tata Cellular vs Union of India6;

    (vi) Central Coalfields Limited vs. Sll-Sml and others7;

    (vii) Reliance Energy Limited vs. Maharashtra State Road Development

    Corporation Limited8;

    (viii) Nova Ads vs. Metropolitan Transport Corporation9

    15. Finally, learned Senior Counsel submits that the tender and the

    subsequent corrigendum suffers from transparency and wider participation

    of bidders apart from multiple legal defects. The corrigendum was issued

    after expiry of the tender, essential eligibility conditions were altered

    without following a transparent process, eligibility criteria were framed in a

    restrictive manner that excluded genuine competitors, and essential

    quality-control safeguards were diluted without justification. For these

    reasons, it is reiterated that the tender process is arbitrary, colourable

    exercise of power, discriminatory and contrary to law, and that the tender

    notification as well as corrigendum are liable to be set aside.

    5
    2000 (5) SCC 287
    6
    1994 (6) SCC 6651
    7
    2016 (8) SCC 622
    8
    2007 (8) SCC 1
    9
    2015 (13) SCc 257
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    16. Sri S. Rambabu, learned counsel for the petitioner in W.P.No.36674

    of 2025 adopted the contentions submitted by Sri S.S. Prasad, learned

    Senior Counsel in W.P.No.36675 of 2025.

    17. Sri Abhay Siddhanth Mootha, learned counsel appearing for the

    petitioners in W.P. Nos.36748 and 36753 of 2025 and W.P. No.59 of 2026

    would contend that the Corrigendum issued on 12.12.2025 is illegal,

    arbitrary and unsustainable in law. He submits that, the tender process had

    concluded upon expiry of the bid submission date and any modification to

    the tender document thereafter, could not have been carried out through a

    Corrigendum. It is their contention that Clause 2.12 of the tender document

    permitted amendments only before the bid due date and only through an

    Addenda, but not corrigendum. Consequently, the Corrigendum, having

    been issued after the expiry of the earlier bid deadline, is stated to be non

    est in law and incapable of altering the tender process.

    18. He further contends that the present Corrigendum fundamentally

    altered mandatory/essential eligibility conditions and, in effect, resulted in a

    fresh tender process under the guise of a clarification. The changes

    introduced through the Corrigendum were substantial in nature and
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    therefore required for issuance of a fresh tender notification with adequate

    time being afforded to all eligible participants.

    19. With regard to conduct of the pre-bid meeting, it is contended that

    the original tender document did not contain particulars regarding the pre-

    bid meeting and therefore the proceedings conducted on 12.09.2025 were

    legally not permissible, as such, the Corrigendum is vitiated.

    20. The main challenge of the petitioners is with regard to modification of

    Clause 2.2.1(c) relating to “similar food products”. According to the

    petitioners, the Corrigendum restricted the expression “similar food

    products” to specified products such as multigrain atta, ragi flour, rice

    flakes, groundnut chikki and hot cooked meals. It is argued that the said

    classification bears no nexus to the object sought to be achieved by the

    tender and excludes several other nutritional products of Balamrutham as

    notified . The petitioners allege that the modification is tailor-made to

    favour a select class of entities while excluding otherwise experienced and

    eligible suppliers in national sphere.

    21. The petitioners also assail the relaxation of BIS and ISO certification

    requirements. It is contended that mandatory eligibility conditions cannot
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    be relaxed after issuance of the tender and that such relaxation

    compromises the quality standards.

    22. The petitioners further contend that the tender conditions, read as a

    whole, are arbitrary, discriminatory and violative of Articles 14, 19 and 21

    of the Constitution of India. They submit that the conditions have been

    designed in a manner that favours selected entities and excludes genuine

    eligible competitors. It is also contended that participation in the tender

    process is not a prerequisite where the challenge is directed against the

    legality and constitutionality of the tender conditions themselves.

    23. In support of his contentions, Sri Abhay Siddhanth Mootha, learned

    counsel placed reliance upon the following decisions of the Hon’ble

    Supreme Court:

    (i) Prakash Asphaltings and Toll Highways Limited vs. Mandeep
    Enterprises (Civil Appeal No.11418 of 2025);

    (ii) Andhra Pradesh Waqf Board vs. State of Andhra Pradesh
    (2022 SCC Online SC 159);

               (iii)   Meerut    Development        Authorities   vs.     Association            of
                       management Studies10
               (iv)    New Bihar Biri leaves vs. State of Bihar11
    
    10
         2009 (6) SCC 171
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            (v)      Tafcon Projects (I) (P) Ltd vs. Union of India12;
            (vi)     Monarch Infrastructure (P) Ltd vs. Commissioner, Ulhasnagar
    

    Municipal Corporation Limited (referred supra);

    (vii) West Bengal State Electricity Board vs. Patel Engineering
    Limited13
    ;

    (viii) Reliance Energy Limited vs. Maharashtra State Road
    Development Corporation Limited
    (referred supra);

    (ix) Central Coalfields Limited vs. Sll-Sml and others (referred
    supra)

    24. Whereas, Sri P. Badrinath, learned counsel appearing for the

    petitioner inn W.P.No.1208 of 2026, while adopting the contentions of

    Sri S.S. Prasad, learned Senior Counsel, additionally, submits that, other

    bidders have also failed to satisfy mandatory requirements relating to

    turnover and performance certificates. According to the petitioner, a

    request for relaxation of the shelf-life certificate requirement was

    specifically rejected during the pre-bid stage and through the Corrigendum.

    It is therefore argued that the respondents are precluded from relaxing the

    said requirement during technical evaluation. The petitioner asserts that

    any attempt to qualify bidders who have not complied with the mandatory

    tender conditions would be arbitrary, contrary to the terms of the tender

    11
    (1981) 1 SCC 537
    12
    (2004) 13 SCC 788
    13
    (2001) 2 SCC 451
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    and violative of Article 14 of the Constitution. He submits that strict

    adherence to the tender conditions is necessary not only to maintain

    fairness in the procurement process but also to ensure food safety and

    protection of public interest, particularly having regard to the vulnerable

    class of beneficiaries under the ICDS scheme.

    25. On the other hand, Learned Advocate General appearing for the

    State, raised a preliminary objection as to maintainability of the writ

    petition. It is contended that most of the petitioners herein neither

    registered themselves on the e-procurement portal nor participated in the

    bidding process. He submits that, a person who has consciously abstained

    from participation in the tender process, cannot challenge the tender

    process. The petitioners have failed to establish that the conditions of

    tender document and corrigendum prevented them from participating in the

    tender.

    26. He further submitted that, a writ of mandamus can be issued only

    where there exists a clear legal right in favour of the petitioner and a

    corresponding statutory or public on the part of the respondent, coupled

    with a failure to discharge such duty. In the absence of any accrued right or

    infringement thereof, writ petition seeking preventive directions is not
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    maintainable. further, he submits that, a person who has not participated in

    the tender process cannot ordinarily challenge the evaluation, process or

    consideration of bids submitted by others. In support of his contentions,

    learned Advocate General placed reliance upon the judgments of Hon’ble

    Supreme Court and this Court in NHAI vs. Gwalior – Jhansi Expressway

    Limited14 and Vakacharla Veeraiah vs. State of A.P15.

    27. The learned Advocate General would contend that the writ petitions

    suffer from delay and latches. It is submitted that the petitioners were fully

    aware of the Corrigendum and the extension of time but chose to approach

    this Court only after closure of the bid submission process. Such conduct,

    according to the respondents, disentitles the petitioners to get any

    discretionary relief under Article 226 of the Constitution.

    28. The learned Advocate General narrates that the Corrigendum did

    not impose any restrictive condition, but rather expanded participation by

    relaxing several eligibility requirements at the request of the bidders at pre-

    bid meeting. It is submitted that the modifications concerning BIS

    certification, ISO certification, establishment of manufacturing units and

    14
    (2018) 8 SCC 243
    15
    2021 SCC Online AP 1901
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    land ownership requirements were intended to remove entry level barriers

    and to facilitate wider participation and the Corrigendum certainly

    broadened the scope of tender rather than restricting the competition.

    29. With regard to the definition of “similar food products”, the learned

    Advocate General contend that the original tender document did not define

    the expression and as such the clarification was issued only to remove

    ambiguity. It is further explained that designing the constitution of similar

    food products falls within the exclusive domain of the tendering authority

    and that courts ought not to interfere with such technical

    definition/determinations and necessity of the hour unless shown to be

    arbitrary or mala fide. He argued that, tender conditions cannot be

    interpreted in the same manner as statutory provisions and that at

    pragmatic, purposive approach must be adopted. Unless the decision is

    shown to be arbitrary, malafide or irrational, courts ought not to interfere

    with the interpretation or formulation of tender conditions, even if another

    view is possible. In support of his contention, he placed reliance on the

    judgment of Hon’ble Supreme Court in Agmatel India (P) Ltd vs.

    Resoursys Telecom16.

    16

    (2022) 5 SCC 362
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    30. The learned Advocate General also emphasizes the public interest

    involved in the tender. According to them, the procurement pertains to a

    child nutrition programme catering to approximately thirteen lakh children

    in the State. It is submitted that the categorisation of Balamrutham into

    Junior and Senior variants was undertaken on the basis of

    recommendations made by expert bodies and after detailed studies

    conducted by the concerned authorities of the Government. The

    respondents therefore contend that interference with the tender process

    would adversely affect implementation of an important child welfare

    programme.

    31. The respondents further reiterated that the entire tender process

    was transparent and undertaken after consultation with stakeholders and

    legal scrutiny by the State Level Procurement Committee. It is therefore

    contended that the allegations of arbitrariness and favouritism are wholly

    unfounded.

    32. In support of his contentions, learned Advocate General, placed

    reliance on the following judgments:

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    a. Michigan Rubber (India) Ltd vs. State of Karnataka17

    b. NHAI vs. Gwalior – Jhansi Expressway Limited18

    c. Agmatel India (P) Ltd vs. Resoursys Telecom (referred supra)

    d. Vikram Book Links Pvt. Ltd vs. State of A.P19

    e. Vakacharla Veeraiah vs. State of A.P (referred supra)

    33. Heard learned counsel for the petitioners and learned Advocate

    General for the Respondents/State and perused the material available on

    record.

    34. After hearing all the counsel for all the parties and learned Advocate

    General for respondents and on perusing the material available on record,

    the points that arise for consideration are as follows:

    1. Whether the writ petitioners have locus standi and whether the writ

    petitions are hit by delay and latches?

    2. Whether the Corrigendum dated 12.12.2025 is legally valid and in

    conformity with the tender documents?

    17

    (2012) 8 SCC 216
    18
    (2018) 8 SCC 243
    19
    W.P.No.5435 of 2025 dated 06.05.2025
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    3. Whether the impugned tender conditions, particularly Clause 2.2.1(c)

    and the definition of “similar food products”, are arbitrary,

    discriminatory or tailor-made so as to warrant judicial interference?

    4. Whether the tender process suffers from arbitrariness, mala fides or

    violation of Article 14 of the Constitution?

    5. Whether the respondents are entitled to qualify bidders who have

    not complied with the mandatory tender conditions, particularly the

    shelf-life certification requirement, and to what relief?

    6. Whether this Court can exercise its extraordinary jurisdiction in

    contractual or tender matters in the absence of pleadings regarding

    bias, malafide or arbitrary action on the part of tendering authority?

    POINT No.1

    35. The preliminary objection raised by the respondents regarding

    maintainability of the writ petitions. It is contended that every contractor or

    bidder intend to participate in tender process, they shall get it registered at

    e-portal procurement to access to the tender document and to correspond

    with the tendering authority and for every information is like pre-bid

    meetings and its deliberations, resolutions and all other modifications etc,

    whereas in the cases in hand most of the petitioners neither registered on
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    the e-procurement portal nor participated in the tender process and,

    therefore, lack the locus standi to challenge the tender conditions or the

    actions of the tendering authority. According to the respondents, a person

    who has chosen not to participate in the bidding process cannot

    subsequently question the tender terms. It is further observed that the

    petitioners were aware of the Corrigendum and the extension of the bid

    submission dates but approached this Court only after the tender process

    was finalized, thereby all the petitions are attracting the Doctrine of delay

    and latches.

    36. On the other hand, the petitioners, submit that participation in the

    tender process is not a precondition where the challenge is directed

    against the legality and validity of the tender conditions. According to them,

    the impugned conditions are arbitrary, exclusionary, and operated as

    barriers to their participation. Their grievance is directed not against any

    decision taken during bid evaluation but against the tender framework and

    the Corrigendum and its governing the process.

    37. The question that arises is whether non-participation in a tender

    process by itself bars a challenge to the legality of the tender conditions.

    While participation may strengthen a challenge to the outcome of a tender,
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    it is not an absolute requirement where the challenge concerns allegedly

    arbitrary, discriminatory, or unconstitutional eligibility conditions. In such

    cases, the Court must examine whether the petitioners have a genuine

    interest in the subject matter and whether the impugned conditions

    excluded the petitioners from participation.

    38. As regards delay and latches, it is settled that relief under Article 226

    is discretionary and may be declined in cases of unexplained delay.

    However, the principle must be applied having regard to the facts of each

    case. The present challenge concerns the validity of the Corrigendum and

    tender conditions governing public procurement under a welfare scheme.

    Therefore, the Court must examine the allegations of illegality and

    arbitrariness on their merits rather than reject the petitions on technical

    grounds alone.

    39. Having considered the nature of the challenge and the material on

    record, this Court is unable to accept the objections relating to locus standi

    and maintainability. The petitioners are manufacturers operating in the

    relevant field and cannot be regarded as strangers to the nature of the

    tender procurement process. Their non-participation, when exposed to the

    conditions under challenge, does not deprive them of the right to question
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    such conditions. The objection based on delay is also without merit. No

    third-party rights had taken place when the writ petitions were instituted. In

    these circumstances, no such delay has been shown as would justify

    dismissal of the petitions at the threshold. Accordingly, the preliminary

    objections raised by the respondents are hereby rejected. Accordingly, the

    point is answered in favour of the petitioners and against the respondents.

    POINT No.2

    40. The next issue for consideration is whether the Corrigendum dated

    12.12.2025 is legally valid and whether its issuance is consistent with the

    tender conditions governing the procurement process. The petitioners

    contend that the Corrigendum was issued after expiry of the original bid

    submission deadline and, therefore, to be without legal sanction. According

    to them, once the original bidding period expired, any modification to the

    tender conditions could only have been made by cancelling the tender and

    issuing a fresh notification. Attention of this Court is drawn to Clause 2.12

    of the tender document to contend that amendments were permissible only

    before the bid due date and only through an Addenda. It is further

    contended that the changes introduced were not merely clarificatory but

    substantially modified the eligibility criteria, quality control requirements,
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    certification norms, manufacturing conditions and other essential terms of

    the tender. According to the petitioners, these changes materially altered

    the tender framework and warranted a fresh tender process to ensure

    equal opportunity to all prospective bidders. The respondents, on the other

    hand, submit that the Corrigendum was issued after considering

    representations received from all the bidders, stakeholders and

    discussions held during the pre-bid meeting. It is also contended that the

    essential object of the tender document remained unchanged and that the

    subject revised conditions were made available to all interested parties

    through the e-procurement portal for further necessary steps.

    41. The question, therefore, is whether the Corrigendum amounted to an

    impermissible revival of an expired tender process and whether the

    changes introduced were of such significance as to require a fresh tender

    notification. While public procurement demands fairness and transparency,

    it also permits modifications to address practical concerns and clarify

    tender conditions. Unless such changes fundamentally alter the nature of

    the procurement or cause prejudice to prospective bidders, a fresh tender

    process may not be necessary.

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    42. The material on record shows that the Corrigendum was issued

    following the pre-bid deliberations to address concerns raised by all the

    bidders and stakeholders. The revised conditions were uploaded on the e-

    procurement portal and made accessible to all prospective bidders afresh

    to participate tender process. No material has been placed before the

    Court to show that any bidder was denied notice of the revised conditions

    or was prevented from participating on that account. In matters of public

    procurement, what is relevant is whether the revised conditions were

    transparently communicated and whether equal opportunity was afforded

    to all interested bidders. Since the modifications were publicly notified

    through the e-procurement portal and adequate time was made available

    for submission of bids, the requirements of transparency and fair notice

    stand substantially satisfied. Mere use of the term “Corrigendum” instead

    of “Addenda” does not render the process invalid. Accordingly, the

    challenge to the legality and validity of the Corrigendum is rejected.

    Accordingly, the point is answered in favour of the respondents and

    against the petitioners.

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    POINT No.3

    43. The third point that arises for consideration is whether the

    amendment introduced to Clause 2.2.1(c), particularly the definition of

    “similar food products,” is arbitrary, discriminatory, irrational, or tailor-made

    to favour a particular class of bidders.

    44. The petitioners contend that under the original tender notification,

    experience in manufacture and supply of Balamrutham or similar food

    products was recognized broadly without restrictive definitions. However,

    by virtue of the Corrigendum, the expression “similar food products” was

    confined to a limited category of products such as multigrain atta, ragi flour,

    rice flakes, groundnut chikki, and hot cooked meals. It is argued that

    numerous manufacturers possessing substantial experience in production

    of fortified nutritional foods, supplementary nutrition products, protein-

    enriched food formulations, and government nutrition programme supplies

    have been unjustifiably excluded by the restrictive definition. The

    petitioners therefore contend that the classification has the effect of

    narrowing competition in favour of a select group of entities.

    45. The respondents deny these allegations and explained that the

    original tender document did not define the term “similar food products,”

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    which led to confusion among prospective bidders. According to them, the

    Corrigendum was issued only to clarify the types of products that would be

    treated as similar food products. It is contended that this is a technical

    matter within the domain of the procurement authority and that the Court

    should not interfere unless the decision is shown to be arbitrary or mala

    fide. It is also observed that the clarification applied equally to all bidders

    and was intended to bring clarity and transparency to the tender process,

    not to restrict competition.

    46. The question, therefore, is whether the definition introduced through

    the Corrigendum is related to the purpose of the tender and whether it is so

    arbitrary or unreasonable as to warrant interference by this Court. It is well

    settled that the tendering authority has considerable knowledge,

    experience and discretion in prescribing eligibility conditions and

    determining the qualifications required for participation. Such decisions are

    based on technical and administrative considerations and are ordinarily left

    to the expertise of the concerned authority. in one word, it is the exclusive

    domain of the tendering authority. therefore, the role of the Court in judicial

    review is not to examine the correctness of the decision but to determine

    whether the decision-making process is legal, fair, and free from

    arbitrariness.

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    47. This Court is therefore of the opinion that the amendment to

    Clause 2.2.1(c) cannot be characterised as an act of arbitrary or

    discriminatory merely because some manufacturers are possessing

    experience in other nutritional products and which do not fall within the

    defined category. The determination of comparable products is essentially

    a matter of technical assessment falling within the domain of the procuring

    authority. In the absence of demonstrable mala fides, irrationality, or

    manifest unreasonableness, this Court would not interfere with such policy

    decisions. Consequently, the allegation that the definition of “similar food

    products” is tailor-made or intended to exclude genuine competitors is

    liable to be rejected, for the reason that it is not the case of petitioners that

    the issuance of corrigendum restricted the participation of bidders.

    48. Learned counsel for the petitioners had placed reliance on the

    judgment of the Supreme Court in Vinishma Technologies Private

    Limited vs. State of Chattisgarh (referred supra) to contend that, the

    impugned condition operates as a closed door to outsiders and restricts

    the wider participation of bidders and restricts competition. But, this

    contention cannot be accepted, for the reason that, the issue involved in

    the above case pertains to sports kits, which can be manufactured in other
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    states also. But, in the present case, the food item called as Balamrutam is

    a perishable good should be prepared in the State of Andhra Pradesh only,

    making easy for transporting the commodity. Hence, the contention raised

    by the learned counsel for the petitioners is rejected.

    49. The petitioners have not placed any material before this Court to

    establish that the products specified in the Corrigendum are wholly

    unrelated to the nutritional characteristics required under the scheme. As

    such, in the absence of such material, the Court cannot hold that the

    classification lacks a rational nexus with the object sought to be achieved.

    50. The scope of judicial review in tender matters is inherently limited.

    Courts do not sit in appeal over decisions of the tendering authority and

    cannot substitute their views for those of financial, administrative or

    technical experts. Unless the impugned action is shown to be arbitrary,

    discriminatory, mala fide, or patently illegal, judicial interference is

    ordinarily unwarranted. Point is answered in favour of the respondents and

    against the petitioners.

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    POINT No.4

    51. The petitioners contend that the tender conditions were framed in a

    manner that excluded genuine competitors and favoured a limited class of

    entities. According to them, while certain quality-control requirements were

    relaxed, eligibility was restricted through selective definitions and

    conditions, rendering the process arbitrary and lacking in transparency.

    52. The respondents deny these allegations. They submit that the tender

    relates to procurement of nutritional supplements for nearly thirteen lakh

    children under the Integrated Child Development Services Programme and

    that the conditions were framed after consultation with stakeholders,

    scrutiny by the State Level Procurement Committee, and consideration of

    practical requirements. It is stated that the Corrigendum was issued

    pursuant to suggestions received during the pre-bid meeting and that all

    modifications were uniformly communicated through the e-procurement

    portal. According to the respondents, the changes were intended to widen

    participation and not to restrict competition.

    53. The issue for consideration is whether the decision-making process

    was arbitrary, biased, mala fide, or intended to favour any particular bidder.

    Mere disagreement with the tender conditions or policy choices of the
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    tendering authority is not sufficient to establish arbitrariness. The material

    on record shows that the modifications were introduced after pre-bid

    deliberations to address concerns raised by stakeholders. The revised

    conditions were publicly notified and made available to all prospective

    bidders. No material has been placed before the Court to show that any

    bidder received preferential treatment or that the conditions were tailored

    to benefit an entity. As contended by by the learned Senior Counsel, as per

    tender notice, it is published as National Level Bidding, but the pre-

    requisite condition is that, the bidder should have a manufacturing unit

    within the jurisdiction of the State, which is nothing but restricting the bid in

    favour of State level players. In similar circumstances, the Hon’ble Apex

    Court specifically held in in Vinishma Technologies Private Limited vs.

    State of Chattisgarh (referred supra), wherein it was held that, the

    impugned condition operates as a closed door to outsiders and restricts

    the wider participation of bidders and restricts competition. On that ground,

    the tender notice in the said case was set aside. The said ruling may not

    be applicable to the present facts of the case, for the reason that the

    procurement under the scheme in the said case was sports kits to the

    school children of Government Schools in the State of Chattisgarh. The

    procurement of sports kits would be possible from any corner of India,
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    since that product is not perishable and as per the approved colour and

    designed can be procured. Whereas, in the case in hand, the food

    products are perishable in nature and food habits of children of a particular

    state is different from other state, as such, the similar food products were

    expanded. Hence, the ruling of the Hon’ble Apex court is not applicable to

    the present facts of the case.

    54. As long as there is no material evidence to show that the tender

    process was suffered with bias, malice and irrational, the Judicial review in

    such matters is confined to examining the fairness and transparency of the

    decision-making process and not the merits of the policy itself. On the

    material available, this Court finds that the Corrigendum was issued to

    facilitate participation and ensure effective implementation of the

    procurement process. The allegations of mala fides, favouritism and

    arbitrariness are unsupported by evidence. Accordingly, it is held that the

    tender process does not suffer from arbitrariness or violate Article 14 of the

    Constitution, and the said submissions are rejected.

    POINT No.5

    55. The next issue for consideration is whether bidders who did not

    submit the shelf-life certificate and certain other documents at the time of
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    bidding could still be considered eligible, and whether such consideration

    would render the tender process illegal or arbitrary.

    56. The petitioner in W.P. No.1208 of 2026 contends that the shelf-life

    certificate issued by a Government Food Research Laboratory is a

    mandatory requirement under the tender conditions. It is submitted that the

    petitioner alone furnished a certificate certifying a minimum shelf life of

    ninety days, while the other bidders failed to do so. It is further contended

    that requests for relaxation of this requirement were rejected during the

    pre-bid stage and through the Corrigendum, and therefore the respondents

    cannot relax the condition during technical evaluation.

    57. The respondents, however, submit that certain certificates and

    documents can be produced at a later stage and that non-submission at

    the initial stage does not automatically render a bidder ineligible. According

    to them, the objective of the tender is to procure quality nutritional products

    and not to exclude otherwise eligible bidders for curable procedural

    deficiencies. As such, the intention of the petitioner that the tender

    conditions must be interpreted in a practical manner consistent with public

    interest.

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    58. The question, therefore, is whether the shelf-life certificate is an

    essential eligibility condition requiring submission along with the bid or

    whether it is a requirement capable of subsequent compliance. The

    distinction between a mandatory eligibility condition and a procedural

    requirement assumes significance in this context. Absolutely, the subject

    condition is a procedural requirement only.

    59. Upon consideration of the material on record, this Court is of the

    view that, non-submission of the shelf-life certificate at the initial stage

    cannot, by itself, result in automatic disqualification. The requirement is

    intended to ensure quality and safety standards, but the certificate is

    capable of subsequent production and verification. No material has been

    placed before the Court to show that any relaxation granted in this regard

    has caused prejudice to the petitioners or compromised the quality

    standards contemplated under the tender. Accordingly, the contention that

    bidders who did not furnish the certificate along with their bids must be

    treated as ineligible is hereby rejected. Accordingly, the point is answered

    in favour of the respondents and against the petitioners.

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    POINT No.6

    60. The final point that arises for consideration is whether this Court, in

    exercise of its extraordinary jurisdiction under Article 226 of the

    Constitution, can interfere with the tender process and contractual

    decisions of the tendering authority in the absence of specific pleadings

    and proof of mala fides, bias, arbitrariness, or patent illegality. The

    petitioners contend that the impugned tender conditions and the

    Corrigendum violate constitutional guarantees of equality and fairness and

    therefore warrant judicial intervention. According to them, the Court is duty-

    bound to ensure that public procurement processes remain transparent,

    non-discriminatory, and consistent with constitutional principles.

    61. The Constitutional Courts must view that element of public interest is

    involved or not in the tender process. The scope of present tender is the

    procurement pertaining to child nutrition programme, which is meant for

    catering to nearly 13 lakh children belonging to the Below Poverty Line

    families in the State. The said programme itself is formulated as per the

    statistics of national survey duly conducted by National Family Health

    Survey-6.

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    62. The award of a contract, whether it is by a private party or by a

    public body or the State, is essentially a commercial transaction. In arriving

    at a commercial decision considerations which are paramount are

    commercial considerations. The State can choose its own method to arrive

    at a decision. It can fix its own terms of invitation to tender and that is not

    open to judicial scrutiny. It can enter into negotiations before finally

    deciding to accept one of the offers made to it. Price need not always be

    the sole criterion for awarding a contract. It is free to grant any relaxation,

    for bona fide reasons, if the tender conditions permit such a relaxation, for

    bona fide reasons, if the tender conditions permit such a relaxation. It may

    not accept the offer even though it happens to be the highest or the lowest.

    But the State, its corporations, instrumentalities and agencies are bound to

    adhere to the norms, standards and procedures laid down by them and

    cannot depart from them arbitrarily. Though that decision is not amenable

    to judicial review, the court can examine the decision-making process and

    interfere if it is found vitiated by mala fides, unreasonableness and

    arbitrariness. The State, its corporations, instrumentalities and agencies

    have the public duty to be fair to all concerned. Even when some defect is

    found in the decision-making process the court must exercise its

    discretionary power under Article 226 with great caution and should
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    exercise it only in furtherance of public interest and not merely on the

    making out of a legal point. The court should always keep the larger public

    interest in mind in order to decide whether its intervention is called for or

    not. Only when it comes to a conclusion that overwhelming public interest

    requires interference, the Court should intervene. [Air India Ltd. vs.

    Cochin International Airport Ltd20.

    63. The respondents, however, submit that the scope of judicial review

    in tender and contractual matters is extremely limited. It is contended that

    formulation of tender conditions, determination of eligibility criteria,

    assessment of technical requirements, and evaluation of bids fall primarily

    within the domain of the expert authorities entrusted with the procurement

    process. The respondents rely upon a catena of decisions of the Hon’ble

    Supreme Court referred supra, to contend that judicial review is only

    confined to examination of the decision-making process but not the merits

    of the decision itself.

    64. The settled legal position is that the Court does not sit as an

    appellate authority over administrative decisions relating to tenders and

    contracts. The Court is not expected to substitute its own views for those of

    20
    2000 (2) SCC 617
    NV,J
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    technical experts or procurement authorities merely because an alternative

    view may be possible. Therefore, the Judicial intervention is justified only

    when the decision-making process is shown to be vitiated by mala fides,

    arbitrariness, irrationality, bias, procedural impropriety, or patent illegality.

    The freedom of the Government to prescribe tender conditions and

    determine the manner in which public contracts are awarded is an

    essential component of administrative discretion, subject only to

    constitutional limitations.

    65. In the present case, apart from making allegations of arbitrariness

    and favouritism, the petitioners have not placed any convincing material

    demonstrating mala fides, bias, or abuse of power on the part of the

    tendering authority. The record indicates that the tender conditions were

    examined by the competent authorities and subsequently published

    through the prescribed electronic platform. The Court finds no material

    irregularity in the decision-making process warranting interference. The

    controversy essentially relates to the wisdom and propriety of the tender

    conditions rather than the legality of the process by which they were

    framed. Such matters ordinarily fall within the exclusive domain of the

    tendering authority.

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    66. To explain the scheme in more emphatic manner, it is appropriate to

    draw the statistics of National Family Health Survey-5, for the year 2023-

    2024 conducted across 715 districts, which reveals in respect of child

    nutrition that, nearly 30% of children were categorized as stunned and

    severe wasting nearly 6% and rate child mortality is high rate in India while

    comparing any developed or developing countries in the world. Therefore,

    this ground level data promoted the policy making for brining this

    programme to get rid of, or to reduce the percentage to the lower level, the

    said object was achieved through this programme by effective

    implementing the scheme. Therefore, the change of figures can be

    visualized from National Family Health Survey-5 to National Family Health

    Survey-6 (2019 – 2020 to 2023 – 2024).

    67. Therefore, applying the principles laid down by the Hon’ble Supreme

    Court governing judicial review of tender matters, this Court holds that no

    case has been made out for exercise of extraordinary jurisdiction under

    Article 226 of the Constitution. In the absence of proven arbitrariness, mala

    fides, or patent illegality, the tender process is not liable to be interfered

    with. Consequently, the challenge raised by the petitioners fails and the

    writ petitions are liable to be dismissed.

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    68. Normally, the Courts cannot give different interpretation to the tender

    terms and the duty of this Court is to verify whether the respondent

    followed the procedure in processing the tender or not and the Courts

    would not interfere with the tenders, interpreting tender conditions, relaxing

    any tender conditions, in view of law declared by the Apex Court in

    Durgawathi Devi v. Union of India THR, Its Secretary, Ministry and

    others21.

    69. In The Silppi Constructions Contractors vs. The Union of India

    and Ors22, the Apex Court reiterated the same principles with regard to

    maintainability of writ petition in tender of contractual matters, relying on

    the catena of judgments of Supreme Court, more particularly, Tata Celluar

    v. Union of India23, wherein the Apex Court laid down six guidelines which

    are as follows:

    (1) The modern trend points to judicial restraint in administrative
    action.

    (2) The Court does no sit as a court of appeal but merely reviews
    the manner in which the decision was made.

    (3) The Court does not have the expertise to correct the
    administrative decision. If a review of the administrative decision

    21
    Special Leave Petition (c) No.37479 of 2016
    22
    Special Leave Petition (Civil) Nos.13802-13805 of 2019 dated 21.06.2019
    23
    (1994) 6 SCC 651
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    is permitted it will be substituting its own decision, without the
    necessary expertise which itself may be fallible.

    (4) The terms of the invitation to tender cannot be open to judicial
    scrutiny because the invitation to tender is in the realm of
    contract.

    Normally speaking, the decision to accept the tender or award
    the contract is reached by process of negotiations through
    several tiers. More often than not, such decisions are made
    qualitatively by experts.

    (5) The Government must have freedom of contract. In other
    words, a fair play in the joints is a necessary concomitant for an
    administrative body functioning in an administrative sphere or
    quasi-administrative sphere. However, the decision must not only
    be tested by the application of Wednesbury principle of
    reasonableness (including its other facts pointed out above) but
    must be free arbitrariness not affected by bias or actuated by
    mala fides.

    (6) Quashing decisions may impose heavy administrative burden
    on the administration and lead to increased and unbudgeted
    expenditure.

    70. The Apex Court also referred to various earlier judgments in Raunaq

    International Ltd. V. I.V.R. Construction Ltd24, Air India Limited v.

    Cochin International Airport Ltd (referred supra), Karnataka SIIDC Ltd

    24
    (1999) 1 SCC 492
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    v. Cavalet India Ltd25, Master Marine Services (P) Ltd v. Metcalfe &

    Hodgkinson (P) Ltd26, B.S.N. Joshi & Sons Ltd v. Nair Coal Services

    Ltd27, Jagdish Mandal v. State of Orissa28 and Michigan Rubber (India)

    Ltd. V. State of Karnataka & Ors29 and finally concluded that the Courts

    should not normally intervene in the decision making process for award of

    contracts, unless blatant illegality and arbitrariness can be pointed out. The

    controversy before this Court is to ascertain whether there was any

    illegality or arbitrariness in the decision making process rather than the

    question of whether the decision was correct. In the present case, the

    District Diet Management Committee discharged its duty of finalizing the

    diet contract in faovur of one diet contractor, thus discharged its duty.

    Unless, there is blatant illegality and arbitrariness pointed out in awarding

    the contract to any of the diet contractor, this Court cannot interfere into the

    matter.

    71. In view of my foregoing discussion, this Court does not find any

    illegality or arbitrariness to set-aside the tender notification impugned in the

    writ petitions, exercising power of judicial review under Article 226 of the

    25
    (2005) 4 SCC 456
    26
    (2005) 6 SCC 138
    27
    (2006) 11 SCC 548
    28
    (2007) 14 SCC 517
    29
    (2012) 8 SCC 216
    NV,J
    W.P.No.36674 of 2025 & batch

    50

    Constitution of India. Consequently, the writ petitions are liable to be

    dismissed.

    72. In the result, writ petitions are dismissed. No costs.

    73. Consequently, miscellaneous petitions, if any pending, shall stand

    dismissed.

    ______________________________________
    JUSTICE VENKATESWARLU NIMMAGADDA
    Date: 13.07.2026

    SP

    Whether the order is:

    Speaking           No      Reasoned             Yes
    Reportable         No      Non-reportable       Yes
                                                                              NV,J
                                                     W.P.No.36674 of 2025 & batch
    
    
                                    51
    
    
    
    73
    
    
    

    THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

    WRIT PETITION NOS.36674, 36675, 36748, 36753 OF 2025 &
    WRIT PETITION NOs.59 AND 1208 OF 2026

    Date:13.06.2026

    W

    SP



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