R.C.KATHURIA, J. - (1.) GOVERNMENT of Haryana, in order to cover 100% eligibility for readable population of cattle and buffaloes under artificial insemination through frozen semen technology, has established Haryana Livestock Development Board (Hereinafter referred to as 'the Board'). The Board has started purchasing portable Cryocan jars of different sizes. These containers are used to store semen, straw holding and liquid nitrogen at the hospitals, dispensaries, and also used to arrange the Liquid Nitrogen and semen straws for the field containers. The Director, Supplies and Disposals, Government of Haryana Chandigarh (respondent No. 4) floated a tender bearing No. 23/2000- 2001 due on 1.2.2001 for the purchase and supply of Cryocan of various capacities as well as Liquid Nitrogen pouring spout as per specifications detailed in the Schedule annexed with the tender form, copy of which is Annexure P-2. The qualifying criteria mentioned in Schedule-A, so far as relevant to the controversy, reads as under :- SCHEDULE A" Tender Notice No. 23/2000-2001 Sr.No. Description of Stores Qty. Place of Delivery 1. Liquid Nitrogen Container of Capacity 1.5 to 2 Ltrs. (Portable with Protection Bag). 500 Nos. Hisar 1. Capacity 1.5 litres - 2 litres 2. Empty Weight of Container 1.8 Kg. to 2.5 Kg. 3. Full weight with Liquid Nitrogen (without containers) 3 Kg. to 3.6 Kg. 4. Static Holding time (Minimum of 20 days) 5. Static Evaporatio loss rate 0.07 - 0.09 Litres per day. 6. Neck Diameter 30-35 mm. 7. Outer Diameter 168-175 mm. 8. Total Height 395-407 mm. 5 9. No. of Canisters
(2.) Canister Outer Diameter 17 mm to 25 mm. 11. Canister Height 120 mm. 12. Straw Holding Capacity - Single level, (0.25 cc Straws) Minimum of 500 straws Double walled vacuum and supper-insulated with high strength aluminium alloy for ultra low temperature preservation of biological samples of semen of cattle and Buffalo bull in Liquid Nitrogen for Artificial insemination. xx xx xx xx xx xx Note : Offer should be supported with documents of performance report issued by Govt. of India, in case of indigenously manufactured, firms should also provide the proof of supply of these containers (at least two years back) and the satisfactory performance from the institutions purchasing those containers. Firms give two years warranty from the date of supply and the production proof of such containers."
(3.) IN response to the tender invitation M/s. IBP Co. Limited, Business Group (Engineering) A/4, MIDC Industrial Area Ambad, Nasik, Maharashtra (petitioner), M/s. Inox India Limited, ABS Towers, 4th Floor, Old Padre Road. Vadodra, Gujarat (respondent No. 5) and three other firms submitted tender forms to respondent No. 4. Before the final decision could be taken by respondent No. 3, petitioner invoked the jurisdiction of this Court by filing the present writ petition seeking direction to quash to specifications stated in Annexure P-2, requirement of conditions pertaining to certificate of supply of product for past two years and further sought to restrain the official respondents from taking decision in respect of the tenders received from respondent No. 5.;