BAJAJ ELECTRLCALS LTD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners in the instant writ petition prays for issuance of a Writ of Mandamus declaring the process of tendering adopted by the Municipal Corporation of Hyderabad vide Tender Notice No. 12/EE (Elec)/MCH/DB/2001- 2002 dated 21-6-2001 as illegal and unconstitutional. The process, according to the petitioners, is violative of petitioners' fundamental right guaranteed under Articles 14 and 19(l)(g) of the Constitution of India. The petitioners consequently challenge the action of the Corporation in not issuing tender schedules to the 1st petitioner-Company as arbitrary and illegal

(2.) Before adverting to the questions that fall for consideration, it may be necessary to briefly notice the sequence of events leading to filing of this writ petition. The 1st petitioner-company is a public limited company and is part of Balaji Group of Companies. It is claimed to be one of the leading companies in the country in the field of illumination engineering with an annual turnover of Rs. 450.0 crores. It is also stated that the products manufactured by the 1st petitioner-company are approved by all the leading consultants, Government institutions and private sector organisations. The company has been accredited with the prestigious ISO 2001 certificate for maintaining high standards in quality systems and procedures. It is claimed that the company manufactures decorative light fittings of various specifications suitable for garden lighting. It has a fullfledged Engineering and Projects Division to undertake large electrical and illumination projects on turnkey basis from concept to commissioning. Number of Governmental and Semi-Governmental organisations and Premier Corporate Organisations have awarded number of contracts to the 1st petitioner-company for executing large value projects. It is further claimed that the Engineering and Projects Division of the 1st petitioner-company is manned with the highly qualified and experienced engineers in Electrical, Mechanical, Illumination design, Structural tend Auto CAD disciplines who are well conversant with the systems and project management techniques. It is further claimed that except the 1st petitioner- company and the Cromption Greeves Limited, no other company has Project Division for exclusively undertaking projects/contracts for illumination works on a turnkey basis.

(3.) Be that as it may, the Municipal Corporation of Hyderabad issued notice dated 21-6-2001 inviting tenders for decorative lighting of parks in twin cities of Hyderabad and Secunderabad from the leading manufacturers of lighting equipment for providing decorative lighting of identified parks in the twin cities and the tank bund (lake side). There is no doubt whatsoever, the scope of the work indudes survey, design, supply, installation and commissioning of decorative lighting system including one year free maintenance of installed lighting system excluding cost of lamps. It is notified that the tender documents will be issued only to the integrated lighting equipment Manufacturers who comply with the following conditions. Documentary evidence should be provided at the time of application only (emphasis is of mine).