JAGDISH BHALLA, J. - (1.) Petitioner, a foreign Power Measurement Limited Company having no office in India, engaged in manufacturing of 0. 2S and 0.5S Accuracy Class Energy Meters and other metering components has approached this Court under Art. 226 of the Constitution against the decision of respondent No. 5-U.P. Power Corporation Limited to award contract for the supply, installation testing and commissioning of 0.2S Accuracy Class, Static Electronic Trivector Energy Meters in favour of respondent No. 5-M/s. Secure Meters Limited, Udaipur, on the ground that the bid of the respondent No. 5 is second lowest and expensive than the bid of the petitioner and as such the decision of respondent No. 1 is not only arbitrary and unreasonable but is also mala fide. Petitioner has, therefore, inter alia prayed to quash the decision of respondent No. 1 awarding contract to respondent No. 5 and further to direct the respondents Nos. 1 and 3 to award the contract to the petitioner-company forthwith in terms of petitioner-Companys bid for the supply, installation, testing and commissioning of 0.2S Accuracy Class Static Electronic Trivector Energy Meters.
(2.) Counsel for the Power Corporation and respondent No. 5 have raised preliminary question regarding the maintainability of the writ petition under Art. 226 of the Constitution by a foreign company not having any office in India and as such the learned counsel for the parties have addressed the Court on the maintainability of the writ petition.
(3.) Sri Umesh Chandra, Senior Advocate appearing for the petitioner has contended that for the violation of Art. 14 of the Constitution, it is not necessary that a person should be a citizen of the country but the protection is also available to a non-citizen. The rights guaranteed under Part III of the Constitution though are not absolute in terms but those rights would be available subject to such restrictions as may be imposed. In the instant case, since the equal treatment in the like circumstances has not been provided to the petitioner as such the petitioner has.a right to maintain this writ petition.;