KKSPUN INDIA LTD Vs. U. P. JAL NIGAM

JUDGEMENT

(1.) Heard.

(2.) By means of this writ petition, the petitioner has prayed for issuance of a writ of Mandamus to direct the respondents to amend Clause 2.2.4 of the tender document in relation to Notice for Invitation of E-Tenders dated 05.04.2021, contained as Annexure No. 2 to this writ petition to the limited extent of withdrawing the provision with respect to non-consideration of "Any Agency/ Firm or its known Partners/ Directors against which/ whom any investigating authority has instituted any vigilance enquiry or there are criminal proceedings in any Court of law" for awarding of the tender.

(3.) The contention of learned Counsel for the petitioner is that insertion of such a condition in the tender document is arbitrary, unreasonable and illegal as it amounts to treating the petitioner guilty whereas there is no judgment of conviction in the criminal proceedings which are pending against the petitioner and as of now as per principles of criminal jurisprudence, the petitioner is to be deemed to be innocent till proved guilty. However, by inserting the aforesaid condition the petitioner has been ousted from the zone of consideration. He says that this condition has been deliberately put for the first time so as to oust the petitioner and it is therefore tailormade to suit certain favoured persons.