Court Dismisses Petition Challenging Tender Requirements, Affirms Binding Nature of Coordinate Bench Decisions
In a significant ruling, the Orissa High Court has upheld the validity of a contentious clause in a tender process, emphasizing the principles of judicial discipline and the binding nature of coordinate bench decisions. The bench, comprising Chief Justice Harish Tandon and Justice Murahari Sri Raman, dismissed the writ petition filed by Biswajit Rath challenging Clause 5.2.8 of a tender call notice issued by the Directorate of Animal Husbandry and Veterinary Services, Odisha.
The petitioner argued that the clause, which required bidders to have specific experience and turnover, was arbitrary, discriminatory, and violated Article 14 of the Indian Constitution. However, the High Court noted that a previous coordinate bench had already upheld the reasonableness and non-discriminatory nature of the clause in a prior judgment. The court reiterated that a coordinate bench must adhere to the decisions of an earlier bench unless the matter is referred to a larger bench in case of disagreement.
The court's decision underscores the importance of judicial discipline, ensuring uniformity, certainty, and the avoidance of anomalous situations in legal decisions. The judges highlighted that the principle of comity among courts ensures the uniformity of decisions and eradicates uncertainty in the application of the law.
The bench clarified that the scope of judicial review in tender matters is limited to assessing arbitrariness or lack of nexus between tender clauses and the tender's objective. It found that the impugned clause was reasonable and non-discriminatory, aligning with the tender's objective of ensuring quality supply to government organizations.
The judgment reaffirms the precedent that decisions of a coordinate bench are binding unless overturned by a larger bench, promoting consistency and stability in legal interpretations.
Bottom Line:
The principle of judicial discipline mandates that a coordinate Bench must adhere to the decision of an earlier coordinate Bench unless the matter is referred to a larger Bench in case of disagreement.
Statutory provision(s): Article 14, Article 226 of the Constitution of India
Biswajit Rath v. State of Odisha, (Orissa)(DB) : Law Finder Doc Id # 2835720
