Ruma Pal, J. - (1.) Leave granted.
(2.) The appellants grievance is that his tender for allotment of land reserved for educational use was not accepted by the respondent-authority. The tender notice was published on 22nd September, 1993. It invited tenders from "registered institutions who manage educational activities or are constituted for this purpose" for 10,340 sq.mtrs. of land reserved for educational purposes under the respondent-authoritys scheme. Of the tenders submitted the three tenderers were - the appellant, Jagriti Bal Mandir Society (hereafter referred to as Jagriti) and Crescent Public School (hereafter referred to as Crescent) who bid Rs. 261 per Sq. m. Rs. 201 per Sq.m. and Rs. 177.60 per Sq.m. respectively. The appellant, as its name suggests, is a construction company. However, one of its objects in its Memorandum of Association is claimed to be to construct and establish schools. Because the appellant did not have any experience of managing an educational institution its tender was rejected on 28th December, 1993 and, the respondent-authority allotted the land in equal halves to Jagriti and Crescent.
(3.) The appellant and Jagriti filed writ petitions in the Gujarat High Court. The appellants grievance was that he was the highest tenderer having quoted for the land at Rs. 261 per sq. mtr. and that his tender was rejected unreasonably. Jagirits grievance was that it had bid for the land at Rs. 201 per sq.mtr. which was higher than the bid of Crescent which had offered only Rs. 177.60 per sq.mtrs. Jagriti, therefore, claimed that the whole of the land should have been made available to it.;