THOTTATHIL B.RADHAKRISHNAN,J. - (1.) The Directorate of Procurement, Foreign Purchase Wing (FPW) Air Headquarters, issued request for proposal for supply of NRS spares for Jaguar Air Craft, RFP No. AIRHQ/CPF- 243/AHQ/JAGUAR/W1725041/PUR under single bid system on LTE basis. Such request was not addressed to the first writ petitioner R-MC Power Recovery (India) Pvt. Ltd. hereinafter referred to as the petitioner. It, therefore, took steps in an attempt to enable it to participate in the bid. It took the stand that it is entitled to be permitted to participate in the bid under Single Bid System on LTE basis, on the strength of different eligibilities that it purportedly has. It being, apparently, relevant as to whether the petitioner was eligible to participate in the bid without being registered in terms of the Defence Procurement Manual, 2009 (Revenue Procurement) issued by the Government of India, Ministry of Defence; hereinafter referred to as the 'Manual', for short; the petitioner pleaded that it was eligible for registration; and that, notwithstanding that its request for such registration is still pending, it is eligible to participate on the basis of its other credentials. The writ petition from which this appeal arise was, therefore, filed seeking mandamus commanding the respondents to allow the petitioner to participate in the bid. An interdicting mandamus was sought to ensure that the respondents do not give any further effect to the tender process in relation to which the petitioner was staking claim to participate. Direction in the form of certiorari was sought for the production of records for the purpose of the case.
(2.) The plea of the respondents was that the vendor selection for the purpose of the bidding in question was governed by Clause 9.4 and the mode of tendering was provided in Clause 9.5 of the Registration of foreign Original Equipment Manufacturers (hereinafter referred to as 'OEM') and vendors was prescribed and regulated by Clause 9.3 of the Manual. It was the specific plea of the respondents before the learned Single Judge that the terms of Clause 9.3 of the Manual, enjoins that only foreign OEMs and vendors could participate for the present. It was projected that such situation is a matter of policy and such policy is one touching governance and not liable to be read otherwise than has been assimilated and applied by the department. That apart, such policy is not under challenge.
(3.) The learned Single Judge, considering the contents of Clause 9.3.1 and 9.3.2 of the Manual held that the petitioner is not entitled to participate and does not have registration to do so in terms of Clause 9.3 though it may have different certifications regarding participation in tender as well as supply to different establishments including defence establishments and public sector undertakings. Accordingly, the writ petition was dismissed. Hence, this appeal.;