HARRI BAN COMMUNICATION P LTD Vs. PRASAR BHARTI

JUDGEMENT

(1.) BY way of the present petition the Petitioner challenges the award of tender to Respondent Nos. 2 and 3, for supply of 42 numbers of 10 KW FM transmitters, without adhering to the essential conditions of technical eligibility and without following the parameters to be followed in the Award of tenders, and for setting aside and quashing the decision to place the order on Respondent Nos. 2 and 3.

(2.) IT may be mentioned at the outset that on 18th April, 2009 Petitioner no. 1 withdrew its case. However, since an amended Memo of Parties was not filed, the cause title of the case continues unchanged. The facts as are relevant for the adjudication of the present writ petition are that the Prasar Bharti (Respondent No. 1 herein) floated tender in 2007 for award of 36 numbers (subsequently increased to 42 numbers) of 10 KW fm transmitters for installation in various stations of All India Radio (AIR)for broadcasting audio programs for rural and urban public as well as listeners of neighbouring countries.

(3.) OUT of the eleven parties who initially bid, only four companies were shortlisted after technical scrutiny.