BHARATHI DATA SERVICE PVT LTD Vs. DIRECTOR OF COLLEGIATE EDUCATION DIRECTOR OF PUBLIC INFORMATION COMPLEX

JUDGEMENT

(1.) HEARD Mr.P.Jayaraman, learned senior counsel appearing for Mr.G.Elanchezhiyan, learned counsel for the petitioner and Mr.G.Sankaran, learned Special Government Pleader who has taken notice and made his submissions based on instructions by producing records.

(2.) THE writ petitioner is one of the applicants applied pursuant to the public notice issued by the first respondent,Director of Collegiate Education, for execution of Single Window System (SWS) of counselling work at Lady Willington Institute of Advanced Studies in Education Campus, Chennai-5. THE third respondent has also applied in accordance with the said notification. As per the terms and conditions set out by the second respondent based on which the application has been made by the petitioner as well as third respondent, participants should comply with the following conditions:

(3.) ON comparison of the applications and other documents filed on behalf of the petitioner it is seen that the petitioner who is stated to have been carrying on business is admitted to have been incorporated under the Companies Act in 2007-2008. However, it is the case of the petitioner that the petitioner has got sufficient experience in the SWS work as a proprietary concern. There are also records to show that the petitioner has been registered under the Quality Management System-ISO 9001:2000. However the fact remains that as per the terms and conditions enumerated above the petitioner has not completed the minimum requirement of 10 years as a Company with proof of Certificate of Incorporation. The contention of the learned senior counsel for the petitioner is that the Incorporation Certificate is only for the purpose of participation of the petitioner to come within the eligibility criteria and it has nothing to do with the 10 years experience has no meaning since the terms and conditions as enumerated above are clear and categoric that the participant should be a Company with 10 years of experience as an Incorporated Company. That apart, the fourth condition also speaks about the actual turn over of the participant as the Company with Auditor's Report. In such circumstances, on the factual matrix of the case in relation to the petitioner there is no difficulty to conclude that the petitioner is not qualified even though the petitioner has applied in two covers as per the requirements under the Act.