EVEREST AGENCIES Vs. UNION OF INDIA

JUDGEMENT

(1.) M /s Everest Agencies (hereinafter to be referred to as petitioner -agency) is the sole proprietorship concern. It is providing telecom facilities to the customers, which include landline telephones, internet facilities and mobile services etc.

(2.) BHARAT Sanchar Nigam Limited (hereinafter to be referred to as Nigam) has divided the entire State of J&K in various areas/circles for the purposes of appointment of franchisee. In this regard, the Nigam had issued Notice Inviting Expression of Interest (for brevity EOI, Annexure -B) under No. 786 -43/05 -06/Tender/06/coll.II/23 dated 01 -12 -2007 for Doda, Ramban and Kishtwar areas. It contained not only the selection criteria but all other terms and conditions also. In total 100 marks were fixed and these were further divided into following five heads: -

(3.) THE petitioner and respondent No. 7 jumped into the arena of consideration for Ramban and Kishtwar areas by putting forth their claims whereas, respondent No. 7 applied for Doda area also but it could not make it and ultimately it was allotted in favour of one M/s Allied Sales Agencies whereas, Ramban and Kishtwar areas were allotted to respondent No. 7 on the strength of the following break -up of the marks in each of the case: