UNIBROS Vs. ALL INDIA RADIO

JUDGEMENT

(1.) By this judgment and order we propose to dispose of both the writ petitions, viz. CWP No.3426/94 and CWP No.4184/94 as the facts and issues involved in both the writ petitions are similar.

(2.) The petitioners have preferred the aforesaid two writ petitions before this Court with the prayer for quashing/setting aside the impugned conditions in the press notice dated 27.6. 1994 with respect to works mentioned therein including the work of construction of Door Darshan Bhawan, Mandi House-11, New Delhi. According to the petitioner the three conditions laid down in the press tender notice and quoted hereunder are arbitrary, irrational and have no nexus with the object sought to be achieved. According to the petitioners the respondents have evolved the said three conditions with a view to oust the petitioners from the competition and deprive them of their rights to tender. The petitioners' further case is that said conditions are clearly contrary to the qualifications by which the petitioners have been listed as Class 1 contractors by the Central Public Works Department.

(3.) This Court issued notice in CWP No.3426/94 on 16.8.1994 and further directed that the petitioner should be issued tender documents subject to further orders from this Court. In CWP No.4184/94 this Court issued notice on 21.10.1994. With reference to the notice issued by this Court the respondents have filed their counter affidavits and both the writ petitions were taken up for hearing together and on closure of the arguments on 19th January, 1995 this Court reserved the orders directing the respondents that the petitioner in CWP No.4184/94 shall also be issued tender documents. It was further directed that the petitioners in both the petitions shall be at liberty to submit their offers which will also be considered by the respondents alongwith other offers and that the award of the tender may not be finalised till further orders.