Judicial Review is the Principle too well entrenched in the legal ethos of this country to be ignored Amaresh Patel LANDMARK JUDGMENT Sat, Dec 21, 2019, at ,04:30 PM Title of the Case – Judicial Review is the Principle too well entrenched in the legal ethos of this country to be ignored Name of the case – M/s Daffodills Pharmaceuticals Ltd. & Anr. Vs. State of U.P. & anr., C.A. No. 9417 of 2019 (@SLP (C) No. 4074 of 2018) (Supreme Court) Date of Judgment – 13th Dec 2019 Judges: Justice R.F. Nariman and Justice S. Ravindra Bhat Subject and sections involved – Article 227 of the Constitution of India Issue: Whether the order of High Court was justified in holding that in matters of award of public contracts, the scope of inquiry in judicial review is limited? Fact of the Case: The appellant, Daffodils Pharmaceuticals, has participated in a tender process, in which the state called for bids from interested parties, willing to supply various categories of pharmaceutical products. The successful bidder was required to supply medicines to various hospitals, under the control of the Medical and Health Department, U.P. for one year. Daffodils were one amongst 56 bidders; its bid was acceptable to the respondent, i.e. State of U.P. Daffodils were asked to match its previous bid to the Tamil Nadu Service Corporation Ltd. for the year 2015-16, at approved L1 rates, on or before, 29.05.2015 in respect of 14 specified drugs. At the time of bid submission, every tenderer/bidder had to furnish a declaration. It is not disputed that Daffodils furnished the required declaration in terms of the tender. While so, on 21.08.2015, the impugned letter/notice was issued by the Principal Secretary to the Government of U.P. stating that a first information report (FIR) had been lodged against Daffodils alleging that it had committed offenses and that the Central Bureau of Investigation (CBI) was inquiring into the issue. Accordingly, the offices under the Department of Health was directed to desist and stop all procurements from the appellant. Click Here to Read Into Legal World Magazine with Landmark Judgments and all Important Updates Ratio of the Case: The division bench of the Supreme Court quashed the Government of U.P’s decision and left it to grant a hearing to Daffodils, before taking any action. However, given that the impugned order of debarring (i.e, directive not to procure locally from Daffodils) was made over 4 years and 3 months ago, this court is of the opinion that it would be in the overall interest of justice that appropriate relief is granted. The court also quashed the order of the Principal Secretary, Government of U.P. directing all concerned departments to desist from resorting to local purchase from the appellant. It has been held that no one can be inflicted with an adverse order, without being afforded a minimum opportunity of hearing, and prior intimation of such as move.