TIMES TRAVELS Vs. CHIEF MANAGING DIRECTOR

JUDGEMENT

(1.) THE Petitioners have filed the present petition under Article 226 of the Constitution read with Articles 14, 15, 16, 19, 20, 21, 39 and 40 of the constitution of India. By way of this petition the Petitioners have prayed for quashing of Letter of Intent dated 18th January, 2008 issued by the Respondent nos. 1 to 3 in favour of Respondent No. 4. It has further been prayed that the tender dated 15th October, 2007 for hiring of Non-AC CNG Coaches for staff transportation on point to point basis be awarded to the Petitioners.

(2.) THE sole submission of Mr. Varinder Kumar, learned Counsel for petitioners is that the Respondent Nos. 1 to 3 have awarded aforesaid tender to respondent No. 4 who had not even participated in the tender process. Learned counsel for Petitioners contended that after opening of the financial bid, both the Petitioners, L-1 and L-2 were called for negotiation and after brining the l-2 to the level of L-1, the Respondent Nos. 1 to 3 had decided to divide the tender equally between the two Petitioners. In this context, learned Counsel for the Petitioners placed reliance on the Petitioner No. 1"s own letter dated 26th December, 2007.

(3.) LEARNED Counsel for the Petitioners also relied upon the judgment of the Apex Court in Directorate of Education and Others Vs. Educomp Datamatics ltd. and Others reported in (2004) 4 SCC 19.