(1.) BY way of this petition, the petitioner had prayed to declare the condition No. 13 of the impugned notice dated 30. 4. 99 (Annex. 1) published in Rajasthan Patrika in its Edition dated 12. 5. 99 as illegal and the same may be quashed. It is further prayed that the respondent No. 2 be directed to re-consider the claim of the petitioner for being empanelled as a Printer and Publisher for publishing Tourism Literature for the department of Art and Culture, Government of Rajasthan and till the final disposal of this petition, they be restrained from finalising the penal of Printers and Publishers.
(2.) THE petitioner is Indian Maps Service, which is a proprietorship concern and registered as Small Scale Industrial Unit. It is doing work of publication of maps, literature pertaining to Tourism department. As per the averments made in the petition, it provides the services of the Department of Tourism of State of Rajasthan, Rajasthan Tourism Development Corporation, Life Insurance Corporation, Department of Science and Technology of Government of India, Maharastra Tourism Development Corporation, Mc Milan India Ltd. for publication of literature pertaining to tourism, maps, directories etc.
(3.) COMING to the facts of the present case, it is clear that though there was a condition No. 13 in the notice at Annex. 1, the petitioner preferred to submit its tender along with others and it challenged such condition only after its tender was not accepted and the earnest money deposited by it was returned. Thus, a person who has waived his right cannot later on challenge that such a condition was unwarranted and uncalled for and it is against his legitimate expectation.