- (1.) Heard. Mr. Dutta, learned senior counsel arguing for the appellants and so also Ms. Agarwal, learned counsel arguing for private respondent.
(2.) The subject matter of the writ petition was a tender invited by the appellant/corporation for deployment of maintenance teams for maintenance of OFC cable network and upkeep of associated gears for a period of 3 years and extendable by one year . It is not in dispute the respondent/writ petitioner was rendering service in several sections in the eastern region and so far as the dispute which led to the rejection of tender application of the respondent/writ petitioner it pertains to one section, southern region. The present tenders numbering 39 are in the eastern region.
(3.) The contention of the writ petitioner is with regard to Clause 29.3 of the tender conditions which reads as follows:- 29.3 Contractors defaulting in one section and having their contract terminated will not be allowed to participate in Railltel's next O M tender for a period of 3 years in any of it's regions .;