P.R.GOKULAKRISHNAN - (1.) The petitioners are appellants in this letters patent appeal. The appellants filed Special Civil Application No. 8395 of 1988 for issue of a writ of mandamus or any other appropriate writ to quash and set aside the decision of the respondent Nos. 1 & 2 to offer tender for supply of bandage cloth in favour of respondent Nos. 3 & 4. There is a further prayer for directing the respondent Nos. 1 & 2 to accept the tender of the appellants after due negotiation for supply of bandage cloth in pursuance of the Tender Notice No. CMSO/ INST/F-98/RC/Bandage Cloth/87-88 dated 10-2-1988. There is also a consequential prayer for stopping the operation and execution of the impugned decision to offer the tender for supply of bandage cloths in favour of respondent Nos. 3 & 4 and also prohibiting the respondent Nos. 3 & 4 from commencing the work of supply of bandage cloth in pursuance of the tender notice. The short facts of the case for the purpose of hearing the letters patent appeal for admission are that the respondent No. 2 who is the Director of Central Medical Stores Organisation invited the others for supply of the bandage cloths on the rate contract basis for a period of one year. For that purpose tender notice was issued on 10-2-1988. In response to the tender notice the appellants with certain other person submitted their tenders. In all there were 13 parties who had submitted the tenders in response to the tender notice. Among the 13 tenderers only 4 parties were found upto the required standard and quality by the Government Drug Laboratory and they are: (1) M/s. Bipson Surgical Industries Gandhinagar (2) M/s. C. K. Gauze Bandage Mfg. Co. Ahmedabad (3) M/s. Zenith Corporation Meerut and (4) M/s. Ronson Surgical Dressing Mfg. Co. Ahmedabad. These four parties who were in the zone of consideration quoted the following rates: M/s. Bipson Surgical Industries Gandhinagar. : Rs. 54 54 per pkt. M/s. Zenith Corporation Meerut. : Rs. 59.50 per pkt. M/s. C. K. Gauze Bandage Mfg. Co. Ahmedabad : Rs 60 80 per pkt. M/s. Ronson Surgical Dressing Mfg. Co. Abad. : Rs. 60.80 per pkt.
(2.) The appellants inter alia contended that respondent Nos. 3 and 4 are not entitled to get the tenders inasmuch as the goods of respondent No. 3 are of sub-standard quality; that respondent No. 3 has not submitted the marketing data: that respondent No. 3 has not submitted the S. S. I. certificate along with the tender; that performance of respondent No. 4 on a prior commission was unsatisfactory and that the appellants have reduced their price by negotiation which fact has not been considered by the Secretaries Purchase Committee.
(3.) The learned single Judge after observing that the terms and conditions of tender do not mention that the tenders of only those tenderers shall be considered whose samples are approved by Government Drug Laboratory Baroda and if the authority on overall consideration of the facts and circumstances of the case consider that on certain grounds the tender need not be rejected it cannot be said that the respondent authority is acting with discrimination against the appellants dismissed the Special Civil Application. It is as against this order the present letters patent appeal is filed.;