RAKESH KUMAR NAYAK Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner has sought following reliefs :

(2.) THE case of petitioner is that he was intending- to submit his offer to tender issued by respondent no. 2 for production/excavation and sale of Diaspore and pyrophilie ores, but he could not submit his tender because as per the terms of advertisement Annexure P-1, he was not having turnover of minimum Rs. 10 crores in the last 3 years of major mineral. The respondent no. 2 just to extend benefit to the person of choice has intentionally put this condition for the first time this year. Because of this condition the other intending bidders were excluded. Apart from this, the respondent has put minimum bid price per tonne for Pyrophilie @ Rs. 1,721/-and for crude Diaspore @,rs. 3,500/-, while this rate was achieved last year and aforesaid mineral ought to have been sold for higher amount. It was submitted that-imposing condition of turnover in last 3 years for Rs. 10 crore in major mineral, is arbitrary, malafide and against the fundamental rights of petitioner to participate in the tender process. Apart from this it is against the policy of Government to uplift small industry.

(3.) THIS petition was filed on 22. 6. 2009. The last date of submitting tender was 22. 6. 2009 itself and on 23. 6. 2009 the tender was to be opened in the head office of respondent no. 1 at Bhopal. The respondents were noticed. They submitted reply. In nutshell the reply filed by respondents is as under :-