The Hon’ble Supreme Court held that a basic requirement of Article 14 of the Constitution of India is fairness in action by the State and that non-arbitrariness in essence and substance is the heartbeat of fair play. Fixation of a value of the tender, although entirely within the purview of the executive, leaving little role for courts to play in the process, such action of the executive can be struck down if proved to be arbitrary or unreasonable and not in conformity with healthy standards and norms. By placing particular reliance on paragraph 24 of the judgment, it is argued that the tender process ought to be struck down if the process is mala fide or intended to favour someone or is so arbitrary and irrational that the court can say that the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached it.
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