- (1.) The petitioner seeks a writ restraining respondent Nos.1 and 2 from granting respondent No.3 a licence to run a canteen on the 4th floor of the first respondent - hospital.
(2.) The first respondent - hospital invited tenders for the grant of licence to run a canteen on the 4th floor of its building. Clause 5-g of the notice inviting tenders reads as follows:- "Pre-Qualification Documents:- "5. The following pre-qualification documents are to be submitted along with the tender form in a separate envelope from the envelope containing the commercial bid. However, the tenders received without any of the following documents, may render the tender invalid and the commercial bid would not be opened:- (a) to (f) ............xx xx xx xx (g) The tenderer should have minimum two years experience (as a licensee/contractor of successful running of Canteen/Cafeteria (i.e. experience in cooking/preparation of food/snacks etc. Only Tea and Snacks as per approved items) in a similar reputed institution."
(3.) The first respondent considered all the bidders to be eligible and accordingly opened their price bids. The petitioner contends that the third respondent was ineligible to bid for the contract. Respondent No.3 submitted the following certificate from the Indira Public Higher Secondary School at Jammu which is recognized and affiliated to the J&K State Board of School Education:- "TO WHOM IT MAY CONCERN It is certified that Mr. Nitin Sethi s/o Sh. Chaman Lal Sethi, R/o H.No. 374, 41-A, Chandigarh has been running Canteen in this institution for the last 2 years. The Canteen Contractor Mr. Nitin Sethi is a familiar person. He has been very successful managing the canteen affairs for about 450 students and approx. 50 teaching and non-teaching staff. He has been maintaining the near and clean atmosphere and the management is quietly satisfied with his efforts to run the canteen successfully.";