BHAWANI SINGH, J. - (1.)These Letters Patent Appeals (L. P. A. No. 209 of 2000 - Optel Telecommunications Limited v. Union of India and others, L.P.A. No. 210 of 2000 - Optel Telecommunications Limited v. Union of India and others and L.P.A. No. 211 of 2000 Optel Telecommunications Limited v. Union of India and others) are directed against order of the learned single Judge dated August 4, 2000 dismissing the three Writ Petitions Nos. 3406/2000, 3407/2000 and 3408/2000 filed by the appellant/petitioner.
(2.)Petitioner Optel Telecommunications Limited is subsidiary of the M.P. State Electronics Development Corporation, an Undertaking of the Government of Madhya Pradesh, registered under the Indian Companies Act, 1956 with registered office at E-1 New Industrial Area Phase II, Mandideep (Raisen). It manufactures optical fibre cables, polythene Insulated Jelly Filled Cables and related accessories. Manufacturing of Optical Fibre Cables started in 1989 and it is a major supplier to various Government Departments including the Department of Telecommunications and other organisations. Optical cables of various sizes produced by it are consumed by the Department of Telecommunications to the extent of 95% of the production.
(3.)Department of Telecommunications (hereafter DOT) floated open tenders for procurement of Optical Fibre Cables of different sizes/varieties on different dates. for supply of 56000 Kms. of 12 F Optical Fibre Cables, tender notice was issued on January 28, 2000. The last date of issue of tender document was 24-3-2000 till 10.30 hours and was to be opened on the same day at 11.00 hours. By notice dated 21-3-2000, the date of opening of tender was postponed to 10-4-2000 at 11.00 hours. By amendment dated 28-3-2000, delivery rating formula has been changed. W.P.No. 3406 of 2000. Tender notice for supply of 9000 Kms. of 24-F Optical Fibre Cable was issued on 7-1-2000. Last date for issue of tender was 14-3-2000 till 10.30 hours and the tenders were to be opened on the same day at 11.00 hours. However, by notice dated 10-3-2000, the date of opening of tender was postponed to 29-3-2000. The mode of calculation of delivery rating was similar to the tenders issued earlier. By amendment dated 23-3-2000, delivery rating formula has been changed.- W.P. No. 3407 of 2000. By another tender notice for supply of 403 lac Kms of polythene Insulated Jelly Filled Cables was issued 4-2-2000. The last date of receipt of tender was March 30, 2000 at 10. 30 hours. It was to be opened on the same day at 11.00 hours. By amendment dated 23-3-2000 the delivery rating formula has been changed. Challenge to delivery rating formula is common to the other writ petitions.- W.P. No. 3408 of 2000.