Bajaj Healthcare Limited v. Union of India & Anr.
Case brief
What is this about?
Tender law — bid recommended 'not eligible' by e-mail dated 08.10.2025 of respondent no.2/tendering authority without assigning reasons — petitioner's explanation to alleged bid deficiencies not considered or reflected in committee minutes — duty of administrative authorities to give reasons in tender matters — principles of natural justice satisfied by written explanation/representation; personal hearing declined — fresh decision directed before rate freeze — petitioner at liberty to challenge fresh decision — Bajaj Healthcare Limited v. Union of India & Anr., W.P.(C) 16936/2025, CM APPL. 69632/2025 & CM APPL. 69633/2025 (High Court of Delhi, 10.11.2025; Devendra Kumar Upadhyaya, CJ; Tushar Rao Gedela, J) — Article 226 of the Constitution of India — counsel appearance for ESIC recorded.
What did the court decide?
Writ petition disposed of finally: respondent no.2 directed to take a fresh decision on the petitioner's eligibility before the rates for supply of items under the subject tender are frozen, after considering the petitioner's short written submissions; the impugned decision to abide by the fresh decision; petitioner at liberty to challenge the fresh decision if still aggrieved.