Supreme Court of India · 2008-03-31
B.S.N.L. LTD. vs BHUPENDER MINHAS .
- Citation / case number
- SC 2004/1388
- Court
- Supreme Court of India
- Petitioner
- B.S.N.L. LTD.
- Respondent
- BHUPENDER MINHAS .
- Author
- P. SATHASIVAM ARIJIT PASAYAT
- Bench
- P. SATHASIVAM DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court addressed the validity of a disqualification clause in the Notice Inviting Tender (NIT) by Bharat Sanchar Nigam Limited (BSNL) that barred tenderers with near relatives employed by BSNL. The Court held that such a prohibition is irrational and impermissible, particularly when the relative holds a Class III or IV position, thereby affirming the decisions of the Himachal Pradesh and Punjab and Haryana High Courts which had previously struck down similar stipulations. The Court emphasized that the High Court's interference was justified as the stipulation was not a valid policy decision in contractual matters.