SGS INDIA PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner no. 1 is a company engaged in the business of inspection and certification of jute products. The petitioner no. 2 is a Director of the first petitioner. The petitioners seek a declaration that the eligibility criteria for selection of inspection agencies as fixed by a Notification dtd. 23/8/2016 should be valid and binding on the respondents and also for a mandamus commanding the respondents to desist from giving any effect to the eligibility criteria fixed under Notice Inviting Tender (NIT) dtd. 31/12/2019 as being in deviation from the Notification dtd. 23/8/2016.

(2.) The respondents are the Jute Commissioner under the Ministry of Textiles, Government of India (respondent no. 2), Cotecna Inspection India Private Limited, a participant Inspection Agency in the tender under review (respondent no. 3) and the Indian Jute Industries' Research Association (respondent no. 4).

(3.) The petitioners filed CAN 1 of 2023 for amendment of the writ petition by including one Eskaps (India) Private Limited as another participating bidder in the tenders and also for a mandamus on the respondents to cancel a decision dtd. 5/1/2023 disqualifying the technical bid of the petitioner no. 1. In the amendment application, the petitioners also sought for quashing of the decision of the respondent no. 2/Jute Commissioner holding the respondent nos. 3 to 5 eligible for empanelment as inspection agencies.