SUBRATA TALUKDAR, J. - (1.) Both the writ petitions were taken up for analogous hearing since they involved a common tender floated by the respondents -Railways in connection with the parcel loading of 23 tonnes capacity in respect of a particular train being the Shalimar -LTT Express. Accordingly, both the writ petitions are being disposed of by this common judgment.
(2.) Appearing for the writ petitioner in WP 7633(W) of 2015 (hereinafter referred to for short as the writ petitioner no.1 or WP -I only), Sri Arabinda Chatterjee, Ld. Senior Counsel submits that WP -I complied with the essential qualifying criteria of the tender in issue. Such essential qualifying criteria were: - (i) Registration in Category A in Kharagpur Division or Train Terminating Division or Head Quarters (if Head Quarters is situated in train terminating division); (ii) Audited balance sheet of annual turnover of business during the last financial year. Sri Chatterjee submits that having qualified in the essential criteria as above, WP -I applied for the tender by depositing the Earnest Money (for short EMD) by way of a Demand Draft (DD). Sri Chatterjee draws the attention of this Court to the Instructions to Tenderers and particularly Clause 1 thereof defining the eligibility conditions. Ld. Senior Counsel submits that the eligibility condition No.1 clearly stipulates that the tender applications without the appropriate registration certificate and audited balance sheet shall be summarily rejected.
(3.) Drawing the attention of this Court to Clause 2 of the tender condition, Sri Chatterjee submits that in the event the registration of an applicant to the tender falls within the contractual period of any contract, such applicant or, the lease holder of the parcel van (for short VPH) shall be required to renew the registration prior to its expiry.;