ACME TELE POWER LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned Counsel for the parties. Rule. Counsel for the Respondents waive service. By consent rule is made returnable forthwith and the matter is taken up for hearing and final disposal. By this petition under Article 226 of the Constitution of India, the petitioners pray for issuance of the writ of mandamus directing the Respondent No. 1 (Union of India) and the Respondent No. 2-Bharat Sanchar Nigam Limited (BSNL), to withdraw, recall and cancel the evaluation of the bids carried out by them and revaluate the said bids strictly in accordance with the terms of the tender dated May 1, 2008, issued by the BSNL; for issuance of a writ, order or direction prohibiting the BSNL from taking any steps or awarding any contract to Respondent No. 3-KES International Limited and Respondent No. 4GTA Limited. The controversy arises in the following circumstances.

(2.) On behalf of the BSNL sealed tenders were invited on two stage bidding system in four parts from the eligible bidders for planning, engineering, supply, installation, testing and commissioning of GSM/UMTS based cellular mobile and supply, installation, testing and commissioning of infrastructure for network of capacity of 25 million lines to be rolled out in three phases in the licensed service areas of the BSNL in West Zone covering Maharashtra, Gujrat, Madhya Pradesh, Chatisgarh.

(3.) The tender is in four parts. Part-1 covers planning, engineering, supply, installation, testing and commissioning of GSM based cellular network together with 3GPP R4 Core, IMS, IN and VAS. Part-2 covers planning, engineering of 3G network, VAS and MBMS. Part-3 covers supply, installation, testing and commissioning of infrastructure and associated items for radio sites. Part-4 covers OSS/BSS. Eligible bidders can participate in one or more of the parts independently, subject to the fulfillment of the specified eligibility criteria.