ASSOCIATION OF UPS AND POWER CONDITIONING SYSTEMS MUNUFACTURER Vs. SOCIETY OF APPLIED MICROWAVE AND RESEARCH SAMEER

JUDGEMENT

(1.) Whether a condition for tender can be directed to be set aside on the ground of unreasonableness is the question involved in this writ petition. tender, which was published in the Indian Express on or about 14.05.2002. By reason of the said advertisement, two tenders were invited, which are in the following terms :-

(2.) The contention of the petitioner is whereas in relation to the first tender, the condition of annual turnover of Rs.10 Crores has not been imposed, the same has unreasonably been imposed in relation to the second one.

(3.) According to the petitioner, the price of 1 KVA Online UPS with one hour backup as fixed by Directorate General of Supplies and Disposals (DGS&D) is only Rs.39,324/- and, thus, the total price for 34 nos. of UPS would be Rs.14,33,636/-. Such an unreasonable condition, according to the petitioner, has been imposed arbitrarily and with mala fide intention and, thus, ultra vires Article 14 of the Constitution of India.