Hon'ble Amitava Lala, J. - (1.) These three writ petitions have been filed by the aspirant franchisees participated in a process of selection convened by Bharat Sanchar Nigam Limited (for short BSNL) after appropriate advertisement. Out of the candidates who participated in such process of selection, 5 candidates became eligible and of them, 3 have invoked writ jurisdiction of this Court challenging the recommendation of the concerned committee dated 17th January, 2008 and as a consequential effect thereof recommendation for fresh selection. The recommendation of the committee is as follows : "Recommendation-Although Tender Evaluation Committee (TEC) found that all the above five bidders are eligible for acceptance of their Expression of Interests (EOls) according to gradation marks as above, but as per requirement of better marking aspects, more bidders having electrical & electronic, FMCG experience may become beneficial for the enhancement of the BSNL marketing network. Hence it is recommended that the option for fresh tender may also be considered for the purpose."
(2.) The petitioners contended before this Court that the action of respondents in ignoring eligibility of the petitioners for selection is bad in law and, therefore, the BSNL be directed to enter into agreement with them for the franchisees in question.
(3.) From the above recommendation, 5 bidders seem to be eligible for acceptance and the requirement appears to be of better marking aspects from more bidders, therefore, whether such action was beyond the competence of the authority concerned is to be considered by this Court.;