M/S. EVERSHINE CATERERS Vs. UNION OF INDIA

JUDGEMENT

(1.) Shorn of bulkiness of the Paper Book of the petition, the essential grievance of the petitioner is against the stipulation of average Annual Financial Turnover of related services for a period of immediately preceding five years and cumulative audited value for the said period at rupees five crore instead of three; this stipulation is made vide impugned IRCTC Policy dated 25.05.2021 as a prerequisite for the empanelment of the prospective tenderers in the Indian Railways for catering the services to commuters.

(2.) After service of notice, the respondents have entered appearance through their counsel and oppose the writ petition by filing the Statement of Objections; learned Sr. Panel Counsel appearing for the contesting respondents vehemently opposes the writ petition making submission in justification of impugned Policy stipulation; he submits that the stipulation is made by the competent authority and in matters of this kind, Writ Court should ordinarily keep away, regard being had to commercial and other factors involved in making of the policy in challenge; he also banks upon a Division Bench decision of Hon'ble Delhi High Court in INDIAN RAILWAYS ONBOARD CATERING CONTRACTORS ASSOCIATION Vs. INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD., W.P.(C) No. 2218/2020 disposed off on 26.02.2020.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the matter for the following reasons: