- (1.) In April, 1999, tenders were called for "from parties with proven credentials in the field of organising Tourism related expositions" by the Ministry of Tourism, Government of India to organise the India International Travel Expo and Mart (IITEM) for the years 2000, 2001 and 2002. There were 12 tenderers who had applied. Out of the 12 tenderers four were short listed. The Selection Committee found that all the four tenderers appeared to be equal including experience and other factors. The Committee was of the view that the main criteria for assigning the tender to the most suitable party should be the guarantee of "upfront payment" to the Ministry of Tourism. It also appears that M/s. Tafcon, the appellant before us, guaranteed the highest upfront payment of Rs. 45 lakhs for the three years period as against Rs. 39 lakhs of another concern. As far as the writ petitioner (who is respondent No. 3 before us) was concerned, it had offered Rs. 7.50 by way of upfront payment. The Selection Committee therefore recommended the appellant to be called as the "highest bidder" for deciding the mode of "upfront payment" and "firming up the number of buyers for 2000-2002."
(2.) The recommendations of the Committee were considered by the Union of India. On 15th December, 1999, the appellant's offer was accepted by the Union of India and an agreement was entered into. In the meanwhile, in November, 1999 respondent No. 3 filed a writ petition before the High Court for a writ of mandamus against the Union of India to consider respondent No. 3 for endorsement/approval for 'Travel and Tourism Fair 2000' being organised on the basis of the tender notice and for issuance of further writ for setting aside the bid dated 22nd April, 1999 settled in favour of M/s. Tafcon and to quash the appointment of M/s. Tafcon as 'Event Manager.'
(3.) The learned single Judge dismissed the writ petition by his order dated 17-1-2000. Pursuant to the agreement entered into between Union of India and the appellant, the appellant held the IITEM between 22nd January and 24th January, 2000.;