M/S. SATKAR CATERERS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have filed this writ petition under Article 226 of the Constitution of India to issue appropriate writs for the following reliefs:-

(2.) Inter alia the petitioners have filed this petition challenging the illegal, arbitrary and unconstitutional action on the part of the respondents stipulating certain onerous, unjust, arbitrary, discriminatory and unreasonable evaluation criteria in Section B, Chapter 3 in the impugned Tender Document, NIT, dated 8.5.2013, (Ann. P-6) for four Vegetarian / non Vegetarian Refreshment Rooms at Itarsi, Bina and Bhopal Railway Stations, which have the effect of virtually ensuring rejection of the bids of the petitioners, at present who are working as Caterers on the aforesaid Units as they are technically qualified to bid for the same. Alongwith other grounds, the aforesaid NIT is also challenged stating that the alleged tender conditions are not having any nexus with the object sought to be achieved by the Catering Policy 2010 and in such premises, the tender conditions are clearly unjust, arbitrary and discriminatory and the same is made in a manner which would have adverse effect on the petitioners technical evaluation.

(3.) After filing this petition, in response of advance copy by filing the reply ofinterim relief on behalf of respondent nos. 1 and 2, various preliminary objections were taken and prayer for dismissal of the petition in the light of Apex Court decision in the matter of Tata Cellular Vs. Union of India, 1996 AIR(SC) 11 holding that scope of judicial review in the matter of NIT is not readily available to the petitioner is made. Besides this, the prayer for dismissal of this petition is also made on account of suppression of material facts by the petitioners in their petition as they have not disclosed that their period of licence as well as its extended period have already expired and despite that, they are continuing their business in the premises of respondents without any authority or law, so also without payment of licence fee. Under the law after expiry of licence period, the petitioners were duty bound to leave the premises but they have not done so. In such premises, it is apparent that the petitioners have not come to this court with clean hands and on account of this, they do not have any right to be heard on merits. Apart this, it is also stated that the tender conditions are framed by the Railway Board under its statutory authority by virtue of the provisions of Indian Railways Board Act 1955. According to Sections 3 and 4 of such Act any policy or circular framed by the Railway Board has binding effect of law. So the policy framed by the Railways Board is within its domain of powers. The petitioners in the garb of challenging the tender conditions in fact challenged the policy of Railway Board notified as Catering Policy 2010 and Standard bid document, which is beyond the scope of judicial review. The motive and purpose of the Railway Board and respondents in framing the mentioned technical criteria for eligibility in the tender document is to get best standard and experience in providing good quality of food and hygiene to the travelling passengers, thus, the action of the respondent scan not be said to be unjust, arbitrary or discriminatory because the very purpose of improving technical qualification clause in the tender is to increase hygienic and good quality of food. Alongwith the reply a copy of the licence agreement of petitioners and its extension letter are also annexed as Annexure R-1 to R-3.