BHARAT HOTELS LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE challenge in the present writ petition is to the communication dated. 7.11.2007 (Annexure P.8) as well as the advertisement dated 15.12.2007 (Annexure P.10), whereby the respondents have invited additional offers in respect of the opening of "The State of the Art Hotel/Hospitality Management Institute" at Tilyar (Rohtak) and Badhkal (Faridabad).

(2.) THE respondents invited the Expression of Interest (for short 'the EOI') from interested institutions/hotel chains/societies/bodies possessing experience and expertise in hotel, hospitality, travel and tourism management for setting of "The State of the Art Hotel/Hospitality Management Institutes" at Tilyar (Rohtak) and Badhakal (Faridabad) vide advertisement dated 13.2.2006 published in the Economic Times. The last date for receipt of EOI was 31.3.2006.

(3.) IT is the case of the petitioner that the petitioner was short listed for submission of the financial bid after having made the presentation and having attended the pre-bid conference and after completion of all the formalities provided in the Request for Proposal documents. The petitioner was successful bidder but a letter dated 7.11.2007 was received, whereby the petitioner was intimated that it was decided to keep the offer of the petitioner valid for the time being and that it has been further decided that fresh tenders may be floated for inviting additional offers. It was also communicated that the petitioner may send revised offers in response to the fresh tenders, if it so desires, otherwise its existing bid shall remain valid till the date of its validity or as revalidated by the petitioner later on depending upon the eventuality. In terms of the decision communicated, an advertisement has been inserted on 15.12.2007 inviting EOI for the same project. The petitioner has contended that once the bid of the petitioner is found to be the highest amongst all eligible tenderers, then the respondents cannot seek additional offers. Before examining the said argument in detail, some of the relevant conditions in the Request for Proposal, are worth to be noticed. The said conditions read as under :