N B KRISHNA KURUP Vs. UNION OF INDIA

JUDGEMENT

(1.) In both these writ petitions, the challenge is against the award of licence to M/s. Hotel Royal, of which the 4th respondent is the Managing Partner, to run a mobile catering service to Train No. 2617/ 18 Mangala Lakshadweep express running between Ernakulam and Nizamuddin, pursuant to notification inviting tenders for the purpose. In W. P. (C) No. 11667/2006, the petitioner is one of the partners of a firm, which also participated in the tender proceedings. The petitioner is W. P. (C) No. 8 13847/2006 is another tenderer. Since the reliefs prayed for, in both these writ petitions are identical, these writ petitions are being heard and disposed of together by this common judgment. For convenience the averments and exhibits are referred to in this judgment with reference to the pleadings in W. P. (C) No. 11667/2006.

(2.) The contention of the petitioner is that " since M/s. Hotel Royal, which claims to be g a partnership firm represented by the 4th respondent, does not satisfy the eligibility conditions prescribed in Ext. PI notification inviting tenders, the pre-qualification of the said firm is illegal and unsustainable and therefore their price bid ought to have been rejected. According to the petitioner, M/s. Hotel Royal is not a registered firm, it does not have 5 years' experience in the field of catering/hospitality business and does not have the minimum annual turnover of Rs. 3 crores in catering/hospitality business for the completed financial year 2004/05, which are necessary qualifications prescribed for eligibility to participate in the tender. The petitioners even go to the extent of alleging that the documents submitted by the 4th respondent for proving eligibility for pre-qualification are fabricated, which even if acceptable, themselves do not go to prove that the firm Hotel Royal has the qualifications prescribed. The 4th respondent would stoutly deny these allegations and claim that his firm does have the necessary qualifications, by filing a counter affidavit and an additional counter affidavit. Respondents 2 and 3, who are the Indian Railway Catering and Tourism Corporation Limited, which invited tenders and its Group General Manager, have also filed a counter affidavit and additional counter affidavit supporting the 4th respondent. The question to be decided in these writ petitions is whether the firm M/s. Hotel Royal, of which the 4th respondent is the Managing Partner, satisfies the eligibility conditions prescribed by Ext. PI notification inviting tenders for pre-qualification.

(3.) The qualifications prescribed in Ext. PI are,