Raunaq International Ltd vs I.V R. Construction Ltd. And Ors on 9 December, 1998
29. In our opinion, none of these decisions are apposite. In
Ramana Dayaram Shetty, the bid of one ineligible person was
entertained while that of another ineligible person was not entertained.
The Supreme Court held this to be discriminatory and arbitrary. In
Raunaq International, the bid of both ineligible persons was
entertained. In the writ petition that we are concerned with, there is no
question about either Tata Power being ineligible or Reliance Power
being ineligible. Admittedly, both are eligible and their bids were
WP (C) No.62/2009 Page 21 of 28
entertained and neither one of them has made a grievance in this regard.
That apart, the two decisions referred to above show that as long as the
playing field remains level for all the bidders or putative bidders, no one
can make an allegation of discrimination or arbitrariness.