M/S. KUMBHAT HOLOGRAPHICS REP. BY ITS AUTHORISED SIGNATORY/PARTNER KUMBHAT COMPLEX NO.29, RATTAN BAZAAR APPELLANT IN CHENNAI 600 003(WA NO. 509 OF 16) Vs. STATE OF TAMIL NADU REP. BY THE SECRETARY TO GOVERNMENT HOME, PROHIBITION & EXCISE DEPARTMENT SECRETARIAT, ST. GEORGE FORT CHENNAI

JUDGEMENT

(1.) These writ appeals are directed against the order passed by the learned single Judge dated 10.03.2016, whereby, the learned single Judge dismissed the writ petitions on the ground that the Tender Calling Authority has right to impose conditions in consonance with the Tender Transparency Act, 1998. Aggrieved by the said order, the present writ appeals have been preferred.

(2.) The brief facts, which are necessary for the disposal of the appeals, as could be culled out from the affidavit filed by the appellants/petitioners, are as hereunder:-

(3.) Before the learned single Judge, it was contended by the learned counsel for the petitioners/appellants herein that the pre-qualifications prescribed in the tender notification amounts to arbitrariness, unreasonable and is in gross violation of the concept of level playing field. The conditions imposed in the tender also amounts to unfair practise on the part of the 2nd respondent to favour the 3rd respondent to the detriment of the other tenderers. The qualifications prescribed in the tender notification are tailor made to make only the 3rd respondent a viable tenderer to the detriment of the other persons, who are also in the field of manufacture of holograms. It was further contended by the learned counsel for the petitioners/appellants that the tender floated in the year 2011 for the very same procurement of holograms did not contain such of the clauses as found in the present tender, which clearly goes to prove that the conditions set forth in the present tender are only to the advantage of the 3rd respondent.