EIDER ELECTRONICS INDUSTRIES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The present judgment will dispose of two writ petitions, Civil Writ Nos. 3774/92 and 924/93 filed by the petitioner Companies impugning their non-selection by rejection of tender which they had submitted for the grant of licence for providing Radio Paging Services for 27 selected cities in India. The companies, which were short-listed, are respondents 6 to 24. The petitioners have prayed for quashing the list of such Companies.

(2.) The Department of Tele-communications, Government of India, invited tenders from Indian companies for providing Radio Paging Services for 27 selected cities in the country, with a view to licence the operation of such venture. The tender notice is filed as Annexure P-1 to the writ petition. It was so provided in the said notice that the intending tenderers shall obtain copy of the tender documents containing conditions along with relevant specifications from the office of the respondents at Sanchar Bhawan, New Delhi. The documents could be obtained from June 1,1992 to July 24,1992 and the due date for submission of the tender was July 31, 1992, which was also the date for opening of the tender. The respondents i.e. Department of Tele-communications preponed the date of opening of the tender from July 31, 1992 to July 15, 1992 and, it is contended, the same was done 31 without amending the bid documents, although Clause 5.2 of the tender only permitted extension of the date of opening of the tender and did not envisage the preponing of the date for opening tender. The preponement of the date, however, did not cause any prejudice to the petitioners as they were not adversely affected and had submitted their papers before the revised date for opening of the tender.

(3.) The petitioners hold an industrial licence and, it is stated, is a large scale manufacturing base for manufacturing of Radio Paging Systems in India and has the technology and foreign collaborations with the leading companies in the world. The tender documents, which have been filed as Annexure P.2 to the writ petition, lay down the criteria as well as certain conditions for award of ultimate contract. Reference may be made to certain conditions. The eligibility of bidders is determined by clause 1 of Section II of the General Conditions, as incorporated in the tender notice and the same reads as follows: "1. Eligible Bidders:-This invitation for bid is open to all the companies registered as Indian Company upto the date of submission of the bid. A company registered in India under the Companies Act will be eligible to bid. Licence to run the service will be issued to the bidder company if selected. Following documents are required to be submitted along with the bid. (a) Copy of the Certificate of registration from the Registrar of Companies. (b) Articles and Memorandum of Association of the Indian Company. (c) If any foreign partner is proposed, then (i) Copy of the agreement between the Indian and the foreign partner, (ii) Approval of Government of India for the Terms of foreign collaboration, if already taken, otherwise copy of the application submitted to the Competent Authority of Government of India, in this regard together with the proof of submission. (d) Record of the past performance/experience in the service area for which the bid is submitted." The reading of the above conditions indicates that the tender could be submitted by a Company registered in India and licence to run the service would be issued, if selected. It is further stated that it is not necessary to have any foreign partner but in case, any foreign partner is proposed then the qualifications, as laid down in condition 1 (e) & (d) have to be complied with.