ASSOCIATION OF REGISTRATION PLATES Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition along with the cases transferred from various High Courts have been placed before this Bench on a difference of opinion between Hon'ble judges constituting the Division Bench.

(2.) The dispute concerns the terms and conditions of Notices Inviting Tenders [nits] for supply of High Security Registration plates to motor vehicles. The tenders have been issued by various State Governments on the guidelines circulated by the Central government for implementing the provisions of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') and the newly amended Central Motor Vehicles Rules, 1989 (hereinafter referred to as 'the Rules').

(3.) The main grievance of th0e petitioner is that all Notices Inviting Tenders (NITs) which have been issued by various State governments contain conditions which seem to have been tailored to favour companies having foreign collaboration. The tender conditions are described to be discriminatory under Article 14 of the Constitution of India being aimed at excluding indigenous manufacturers from the tender process. In all the cases the grievance is that the work of supply of High Security registration Plates for all existing vehicles and new vehicles is being entrusted to a single license plates manufacturer in a state cr a region and for a long period of 15 years thus creating monopoly in favour of selected bidders to the complete exclusion of all others in the field. The contention advanced is that creation of monopoly in favour of few parties having connection with foreign concerns is violative of fundamental right of trade under Articles 19 (1) (g) ana discriminatory under Article 14 of constitution of India.