SUBHASH PROJECT AND MARKETING LIMITED Vs. THE HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED AND ORS.

JUDGEMENT

(1.) THE petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India for quashing of the decision taken by the Haryana State Industrial Development Corporation Ltd. (for short, the Corporation) rejecting its application for prequalification for award of contract for infrastructural development works including roads, sewerage, drainage, water supply, electrical and telecommunication works for IMT. Manesar and Investate Bawal.

(2.) A perusal of the record shows that in pursuance of the notice issued by the Corporation in January, 1998, the petitioner and others submitted pre -qualification tenders. After considering the offers of the various applicants, the Screening Committee constituted by the Corporation rejected the application of the petitioner. The representation dated 14.4.1998 submitted by the petitioner was considered by the Board of Directors of the Corporation in its meeting held on 20.5.1998 and after hearing its representative -Shri Sushil Sethi, the Board of Directors reiterated the earlier decision. The petitioner has challenged the rejection of its application at the stage of pre -qualification mainly on the grounds of arbitrariness, mala fides, non -application of mind and the consequential violation of its fundamental right to equality guaranteed under Article 14 of the Constitution of India. To substantiate this assertion, the petitioner has made the following averments in paragraphs 7,8,11, and (25 -B) of the petition: -