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1. This writ petition under Article 226 of the Constitution of India seeks to challenge the global tender notice inviting pre-qualification bids for the redevelopment of the Bulk Terminal into a Container Terminal at Jawaharalal Nehru Port (JNP) on a Build, Operate and Transfer (BOT) basis for a licence period of 30 years, Clause 1.3 of the said tender notice disqualifies the petitioners and their associates and interconnected companies to participate in the bid. The petitioners are seeking direction or order in the nature of mandamus directing the 1st respondent Jawaharlal Nehru Port Trust (JNPT) to delete Clause 1.3 and permit the petitioners and their associates or interconnected companies to participate in the bid. In the alternative a direction is sought that the terms and conditions of the new bid for conversion of the existing bulk terminal into a container terminal should be no different from the terms and conditions on which the petitioners are required to operate the present private container terminal facility at JNP. The facts and circumstances leading to this petition stated briefly are as under.

2. The 1st petitioner company is registered under the laws of Australia and carries on business worldwide as Port and Terminal Operators. The 1st petitioner is a holding company of the second petitioner in which 95% of the equity is beneficially owned by the 1st petitioner and 5% of the equity is owned by other parties. The 1st respondent JNPT is a body corporate constituted under the Major Port Trusts Act, 1963. In December 1995 the 1st respondent invited bids for operating container terminal at JNP for a period of 30 years on BOT basis and the petitioners bid being highest was accepted and licence agreement was entered into between the 2nd petitioner and 1st respondent on 3-7-1997. The licence agreement provided concession to the 2nd petitioner to operate container terminal for period of 30 years, at the end of which entire assets would be transferred back to the 1st respondent free of cost. JNP has two terminals, container terminal and bulk terminal. In November 2001 the 1st respondent took a decision to redevelop the bulk cargo terminal on BOT basis and pursuant thereto pre qualification bids for redevelopment of bulk terminal at JNP were invited vide advertisement dated 28th October 2002 on BOT basis for a license period of 30 years. Clause 1.3 of the said invitation reads as follows:

5. On 19th July 2002 the Board of Trustees of the JNPT passed the resolution proposing to convert the bulk terminal of JNPT into a container terminal on BOT basis by inviting global tenders, subject to approval of the Government and further subject to the possibility of excluding the present private container terminal operator from bidding for this project. The Board thereafter passed the following resolution on 7th September 2002:

"RESOLVED THAT the proposal to set up a Committee of Trustees consisting of the Chairman and Dy. Chairman, JNPT Shri E.R. Bhau Shri S.S. Rangnekar, Shri V. Sridhar, Dr. Shanti Patel and Shri Arun Sathe, for deciding on the equity share of JNPT in a joint venture with a BOT operator, be and is hereby approved, RESOLVED FURTHER THAT both at RFQ and RFP stages, either in the joint venture with BOT proposal or BOT proposal, the advertisements should make it explicitly clear that the existing private operator at the JNPT viz. NSICT Ltd or their associates. P and O Ports, or their associated or inter connected or sister companies, be specifically disentitled to participate in the bid, and the Chairman is authorized to suitably notify NSICT of the decision of the Board in advance, before the advertisement appears be and is hereby approved for the following reasons:
ii) the said Association has sought a meeting in this behalf with the Hon'ble Minister for Shipping, along with the Container Shipping Lines Association (India) (CLIA).
iii) the Board of Trustees is of the opinion that it is necessary to find a new private sector operator for the proposed conversion of the build terminal into container terminal on BOT/BOT with Joint Venture basis, other than NSICT who are already controlling Chennai Container Terminal and NSIC-Terminal and adding the current terminal they would control in excess of 30% of the total container traffic to and from India; and