Tender Conditions cannot be rewritten

Can a bidder ask the Court to relax an essential tender condition after participating in the process knowing that it does not satisfy that condition? Jammu & Kashmir High Court says no. 

Pro Health Scientific, a start-up established in 2022, could not furnish the required turnover for 2021-22 and sought consideration of its later 2024-25 turnover and relaxation under the MSME policy. 

The Court held that the tendering authority is the best judge of its requirements and that judicial review cannot be used to rewrite tender conditions or compel a discretionary relaxation.