ADARSH KUMAR GOEL,J - (1.) THIS petition seeks quashing of terms and conditions of the tender notice, Annexure P.2. Objection of the petitioner is to conditions requiring the tanker to be not more than 12 years old, requirement of ownership of two out of the five tankers and provision for termination of contract if a fatal accident takes place.
(2.) IN the reply filed, the conditions of tender have been justified in the interest of timely delivery, safety and to overcome operational problems. It has been explained that object of requiring the tanker not more than 12 years old is to ensure that there are less break downs and better productivity. Similarly, fatal accidents can cause severe damage to the property of the Corporation and deterrent conditions have been incorporated. The tankers carry hazardous material and careful driving has been insisted upon. Requirement of owning two tankers is also reasonable to secure better services. We have heard learned counsel for the parties and perused the record.
(3.) IT is well settled that award of contract is essentially a commercial transaction. Conditions of tender imposed on commercial considerations are not open to judicial scrutiny, though the State or its instrumentalities are bound to act fairly and this Court can interfere where overwhelming public interest so requires.;