Rajasthan High Court - Jaipur
(Chander Shekhar & Ors. vs . The Union Of India & Ors.) on 26 November, 2015
Author: Alok Sharma
Bench: Alok Sharma
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR O R D E R IN S.B. CIVIL WRIT PETITION NO.10247/2015 (Chander Shekhar & Ors. Vs. The Union of India & Ors.) Date of Order : 26.11.2015 HON'BLE MR. JUSTICE ALOK SHARMA Mr. J.P. Goyal, Sr. Advocate with Mr. Azad Ahmed, for the petitioners. Mr. P.C. Sharma, for the respondents. BY THE COURT
This petition has been filed primarily with the following prayers :
Issue a writ, order or direction in the nature of certiorari, calling for the records of the case and quashing the letter/circular No.2010/TG-III/600/12/SBD/Pvt. VI dated 27.03.2015 (Annx-3 to the writ petition) issued by the Govt. of India, Ministry of Railway (Railway Board) regarding the evaluation criteria for Techno-Commercial Bid for Consortium/JV. The consequential prayer is that by a writ, order, direction the tender notice which has been issued in regard to Section JP-RE-DLI-JP and RE-HSR-BTI-RE dated 15.05.2015 be quashed and the respondents be directed to issue fresh tender notice in regard to Section JP-RE-DLI-JP and RE-HSR-BTI-RE according to the conditions prevailing prior to issuance of the letter dated 27.03.2015.
Para 21 of the writ petition reads as under :
That in the identical situation in respect of the Bids invited by the Western Railways vide Notice dated 30.12.2014 regarding the Trains for which the 16th of April, 2015 was the date for submission and opening of the Bids the M/s. Classic Caters filed the writ petition before the Hon'ble Bombay High Court bearing Writ Petition No.1143 of 2015 (M/s Classic Caterers Vs. Union of India & Ors.) and the Hon'ble Bombay High Court was pleased to pass the order dated 17.04.2015 by virtue of which the respondents of the zone concerned were directed to not to make final decision until the further orders were passed by the Hon'ble Bombay High Court and the Hon'ble Karnataka High Court have also stayed the tender notice vide order dated 03.06.2015. Copies of orders dated 17.04.2015 and 03.06.2015 are annexed herewith and marked as Annexure-7 & 8 respectively for the kind perusal of the Hon'ble Court.
Mr. J.P. Goyal, Sr. Advocate appearing with Mr. Azad Ahmed, for the petitioners submitted that the corrigendum dated 27.03.2015 to the standard bid document issued on 02.01.2013 is wholly arbitrary and the contrary to the Railway Catering Policy, 2010. It was submitted that by changing the evaluation criteria for the bidders by the impugned corrigendum dated 27.03.2015, the socialistic intent of the Railway Catering Policy has been diluted. And in the circumstance, by taking the experience of the lead members of the consortium into consideration for evaluation of the bids for train side vending services pursuant to NIT dated 15.05.2015, the petitioners have been put to an unconscionable disadvantage.
Mr. P.C. Sharma, appearing for the respondent-Railway submits that the Hon'ble Bombay High Court by its order dated 22.09.2015 has dismissed a writ petition bearing No.1887/2015 in relation to a similar bid for train side vending services in respect of the Western Railways where a challenge was put to the changed criteria for evaluation of bids pursuant to the corrigendum dated 27.03.2015. It was submitted that only difference in the petition before this Court is that the bid in issue relates to Northern Western Railways. Aside of that, the case before this Court is identical inasmuch as before the Hon'ble Bombay High Court, also a challenge had been laid to the corrigendum dated 27.03.2015 to the standard bid document. Counsel submitted that even otherwise tender conditions are in the realm of contract and the respondents Railways free to determine the conditions on which the bids would be invited. It was submitted that there can be no interference at the hands of the court with the terms and conditions of a NIT unless a clear case of mala fide or discrimination is made out. It was submitted that in the instant case, none of the two grounds are made out as all bidders will be evaluated as per the criteria set out in standard bid document dated 02.01.2013 as modified by corrigendum dated 27.03.2015 and reflected in the NIT dated 15.05.2015.
Heard.
Clearly there is no force in the petition. It is trite that the employer (in this case the Railways) is entitled to determine the terms and conditions on which it seeks to enter into contract with third parties and so reflect the terms and conditions in the NIT. No citizen or for that matter the court can direct what the terms and conditions of NIT may be unless a clear case of discrimination or mala fide is made out. It is not in dispute that the corrigendum to standard bid document as notified on 27.03.2015 as reflected in the NIT dated 15.05.2015 will apply equally to all potential bidders and does not seek to single out the petitioneras such no case of discrimination is even remotely made out. Further no specific allegation of mala fide has been made against the respondents with material particulars or otherwise. It is also admitted that the petitioners have not even participated in the tender process. Aside of the aforesaid, in an identical matter relating to a similar NIT of the Western Railways, the Hon'ble Bombay High Court in writ petition No.1887/2015 by its order dated 22.09.2015 has refused to interfere and dismissed with writ petition.
In the circumstances, I find no force in the petition.
Dismissed.
(ALOK SHARMA), J MS/-1 All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, P.A.