DOT SYSTEMS Vs. UNION OF INDIA

JUDGEMENT

(1.) The 1st petitioner is a proprietary concern located in Secunderabad, and is engaged in the business of providing software and hardware solutions in the education sector in India and abroad. Petitioners 2 and 3 are companies registered under the Srilanka Companies Act, 2007, and are also engaged in the business of providing Information Technology solutions.

(2.) The petitioners have invoked the jurisdiction of this Court to declare the action of respondents 1, 3 and 4, in accepting the bids of respondent Nos.5 and 6 on 21.12.2012 for setting up nine provincial Srilanka-India Centres for English language training in Srilanka, as arbitrary, illegal and in violation of Articles 14 and 19(1)(g) of the Constitution of India. They seek a direction to respondents 1, 3 and 4 to renotify the notice inviting bids duly consulting the 2nd respondent at all stages of the tender, and award the contract to the successful bidder for setting up the nine provincial Srilanka Centres for English language training.

(3.) Facts, to the limited extent necessary to examine whether or not this Court has territorial jurisdiction to entertain the Writ Petition, are that the 1st respondent entered into a Memorandum of Understanding (MOU) with the Government of Srilanka on 13.09.2011 to render technical and financial assistance for setting up nine Srilanka provincial centres for English language training. The said MOU envisaged a project known as the "India - Srilanka project for expanding English language training in Srilanka". Pursuant thereto, the 1st respondent is said to have given its financial concurrence to the project for approximately Rs.5.6 crores. Thereafter a notice inviting tender was issued on 08.07.2012, in the public procurement portal of the Government of India, for setting up nine language laboratories in Srilanka. The petitioners claim that the said notice is accessible throughout the territory of India including the State of Andhra Pradesh. Petitioners 2 and 3 (both of which are located in Srilanka) are said to have submitted their separate bids on 03.08.2012, and a letter of intent for entering into a joint venture with petitioner No.1. The 5th respondent company, registered under the Srilanka Companies Act, 2007, is said to have joined with the 6th respondent (a company registered under the Companies Act, 1956), and to have submitted their bid. The petitioners refer to certain instances which, according to them, are irregularities in evaluation of the bid process. They are aggrieved by the action of respondents 1, 3 and 4 in accepting the bids submitted by respondents 5 and 6.