C M THACKER Vs. UNION OF INDIA, SECRETARY

JUDGEMENT

(1.) IN this petition, under Article 226 of the Constitution, the petitioners, nine in number, have challenged the terms & conditions of a Tender Notice No. LPG/OPS/TT(WR)2009 dated 1st June, 2009.

(2.) INDIAN Oil Corporation Limited, a public sector enterprise (respondent No. 2 herein), issued a Tender Notice on 1st June, 2009 inviting sealed tenders under single bid system (credential cum price bid) from tenderers, who are willing to accept the rates indicated in Annexure II to the tender, who own atleast one LPG tanker in operating condition for award of separate contracts for 72 LPG trucks for Western Region for transportation of bulk LPG by road from various loading locations as mentioned in the tender to various bottling plants/customers of I.O.C. for the period upto 31st October, 2010 and thereafter, for extension of one year i.e. 31st October, 2011 at the sole discretion of the I.O.C. Annexure II to the tender specifies the rates termed as Industry Lowest Rates in the tender notice. By way of illustration, the rates for some of the sectors are as under:

(3.) ALL tenderers including those belonging to SC/ST category, must own minimum one LPG tank truck registered in his/her name, licensed and operational on the closing date of the tender. The tenderers, should offer only those tank trucks, which are duly licensed for LPG, in operating condition, and registered in their name or attached to them on the closing date of the tender. Subject to meeting all terms and conditions, tenderers who are willing to accept Industry Lowest Rates IN TOTO for all Sectors offered as per Annexure II only will be qualified and eligible for award of separate contracts for 72 Nos. LPG Tank Trucks for Western Region for transportation of bulk LPG by road. No tenderer will be allowed to Counter offer rates either lower/higher than offered above lowest rates and any such tenderer not accepting lowest rates in TOTO will be disqualified and not eligible for award of contract.