- (1.) This is an application under the Constitutional Writ Jurisdiction of this Court. This application was moved on behalf of Nirmal Wires Pvt. Ltd. and its Director Nirmal Sharaf. Since the matter relates to the petitioner No. 1 Nirmal Wires Pvt Ltd. I shall hereinafter refer to the said petitioner No. 1 as petitioner and/or as writ petitioner.
(2.) The case of the writ petitioner is that the department of Telecommunications of the Union of India issued notice inviting tenders for supply of Mild Steel Galvanised wire with heavy zinc coating in soft condition. The petitioner purchased the tender documents by paying Rs. 200/-. The further case of the petitioner is that the petitioner, thereafter, duly submitted its tender, a copy whereof is annexed as annexure-"A" to the writ petition. The petitioner company also deposited the requisite earnest money. Further case of the petitioner is that the petitioner submitted all necessary documents and papers and all relevant particulars as required to be submitted along with the said tender and the tender was submitted within the time specified.
(3.) In paragraph - 8, the petitioner states that the petitioner had submitted its tender for supply of two items namely 2.00 mm and 3.55mm Mild Steel Galvanised Wire with Zinc coating in soft condition. The tenders submitted by various concerns were according to the petitioner opened on 21st August, 1992 and the petitioner's representative was present at the time when the same were opened. According to the writ petitioner, it transpired at the time of tender opening that the price quoted by the petitioner was the lowest in respect of wires having size of 3.55 mm. According to the petitioner, one Clipcorn & Associates had purported to quote lower rate than the petitioner but the said Clipcorn & Associates were not entitled to submit the said tender since the goods produced by the said Clipcorn & Associates, did not bear the ISI certification.;