MOBILE CATERERS WELFARE ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S.D. Sanjay, learned Senior Counsel for the petitioners and Mr. Tushar Mehta, learned Solicitor General of India appearing for the respondents.

(2.) In this writ application, the petitioners have prayed for quashing of the Commercial Circular No. 24/2023 dtd. 14/11/2023 issued by the respondent-Railway Board, Ministry of Railways, Government of India, New Delhi whereby addendum to Catering Policy 2017-Para 1 and Para 3 of Catering Policy 2017 has been issued contrary to the object and spirit of the Catering Policy, 2017. The petitioners have also prayed for quashing of the notice inviting e-Open Tender bearing e-Open Tender No. 2024/ IRCTC/ P&T/ Cluster/ FEB/ EZ/ SER/ CLT/ B-7 whereby e-Open Tender for provision of on board catering services in trains for the period of five years further extendable up to two years for category of Cluster-Category 'B' floated by the respondent-IRCTC for which the last date and time for submission of Bid is 22/2/2024, 12:00 hrs. and the date and time of opening of Technical Bid is 22/2/2024 at 15:15 hrs. The petitioners have further prayed for quashing of the notice inviting e-Open Tender bearing e-Open Tender No. 2024/ IRCTC/ P&T/ Cluster/ FEB/ NR/ CLT/ A-2 whereby e-Open Tender for provision of onboard catering services in trains for the period of five years further extendable up to two years for category of Cluster- Category 'A' floated by the respondent-IRCTC for which the last date and time for submission of Bid is 22/2/2024, 12:00 hrs. and the time of opening of Technical Bid is 22/2/2024 at 12:15 hrs. Another prayer which has been made by the petitioners is of quashing the notice inviting e-Open Tender bearing e-Open Tender No. 2024/ IRCTC/ P&T/ Cluster/ FEB/ 162/ 562/ CLT/ A-4 by which e-Open Tender has been floated for provision of on board catering services in trains for the period of five years further extendable up to two years for category of Cluster-Category 'A' floated by the respondent-IRCTC for which the last date and time for submission of Bid is 15/2/2024, 12:00 hrs. and the date and time of opening of Technical Bid is 15/2/2024 at 12:15 hrs. The petitioners have prayed for a declaration that the addendum to Catering Policy 2017, Para 1 and Para 3 of Catering Policy 2017 issued vide impugned Commercial Circular No. 24/2023 dtd. 14/11/2023 is not only arbitrary, discriminatory and tailor made but also contrary to the object of the Original Catering Policy 2017 and as such amounts to formulating such terms and conditions with ulterior motive to exclude certain class of Bidders and to make favour to another class of Bidders amounting to selective discrimination which is violation of Article 14 of the Constitution of India. The petitioners have also prayed for a declaration that the impugned notice inviting e-Open Tender on the basis of the Commercial Circular No. 24/2023 dtd. 14/11/2023 is tailor made as the same has been designed in such a manner to exclude and eliminate certain class of Bidders with motive to favour another class of Bidder(s) and hence is violation of Article 14 of the Constitution of India. A restrainment order has also been sought for from this Court for restraining the respondents from proceeding with the impugned Tender process which is to commence from 15/2/2024 and to continue with the Original Catering Policy 2017 so that the consumers and the passengers of the train may not suffer any inconvenience in the matter of catering.

(3.) Mr. S.D. Sanjay, learned Senior Counsel appearing for the petitioners has commenced his submission by referring to the legal provisions as enunciated by the Hon'ble Supreme Court in various pronouncements touching upon the scope of judicial review of the Court in a Tender process. He has referred to the case of 'Meerut Development Authority versus Association of Management Studies and Anr.' reported in (2009) 6 SCC 171, while submitting that if the terms and conditions of a notice inviting Tender is tailor made to suit a particular person, judicial review in such circumstance is permissible. Reference has also been made to the case of 'Michigan Rubber (India) Limited versus State of Karnataka and Others' reported in (2012) 8 SCC 216. He has submitted that the basic requirement of Article 14 of the Constitution of India is fairness and non-arbitrariness in the actions of the State which is embodied in the said Article itself. The interference by the Court in a Tender matter in exercise of the powers of judicial review has to answer the following questions in the affirmative to justify such interference and, in such context, Mr. Sanjay, has taken up through the judgment of 'Michigan Rubber (India) Limited versus State of Karnataka and Others' (supra), wherein the following questions were framed and quoted hereinunder: