RAGHUVAR INDIA LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have filed the present petition for issuance of a writ of certiorari or any other appropriate writ, order or direction for quashing Notice, Inviting Tender issuer vide Tender No. AIR/FM-1/96 published by the respondents in "Indian Express" dated November 1,1996 and for issuance of a writ of mandamus to allot time slots to the tenderers who are successful highest bidders in Tender No. 2/95 earlier issued by the respondents.

(2.) Petitioner No. 1 is a company registered under the Companies Act, 1956 at Calcutta and petitioner No. 2 is the Company Secretary of petitioner No. 1 as well as the shareholder of the company. Respondent No. 1 is Union of India. Ministry of Information and Broadcasting and respondent No. 2 is All India Radio under the control of respondent No. 1. The actions of the respondents, as referred to above are being challenged as arbitrary, illegal discriminatory and violative of the principles of natural justice as well as violative of the fundamental rights granted to the petitioners under Articles 14, 19(l)(a) and 19(1 )(g) of the Constitution of India.

(3.) The facts which are relevant for the decision of the questions as raised in this petition are referred to in paragraphs 3.5 to 3.10 as incorporated in the writ petition may be reproduced as under :