BHAGAWATI PRASAD, J. - (1.) A writ petition was preferred by the appellant being S.B. Civil Writ Petition No. 3767/2000 and the learned Single Judge of this Court vide judgment dated 6-12-2000 dismissed the same. Being aggrieved by the aforesaid decision the present appeal has been preferred by the appellant petitioner before this Court.
(2.) The learned Single Judge vide his judgment has held that the petitioner company has challenged the grant of tender in favour of respondent No. 3. According to the learned Single Judge the acceptance or grant of tender is purely a contractual obligation with the State performance in discharge of its commercial or sovereign function. According to the learned Judge, if it is felt that the Government has committed any breach then civil suit is the proper remedy and no writ petition can be held to be maintainable in such matter.
(3.) Learned counsel for the petitioner has urged in the appeal that the learned Single Judge was not justified in dismissing the writ petition in limine by saying that the question relates to contractual obligation because the State or its instrumentalties cannot act arbitrarily. In the instant case the respondent has not considered that the respondent No. 3 was not the person qualified to be awarded the contract. This was the admitted case of the parties that the respondent No.3 is not a manufacturer. The mandatory requirement of the tender was that only a manufacturer could come forward to bid and submit the tender. The appellant petitioner in his writ petition has set up a case that the tenders were invited in terms of a notice inviting tenders (Annex. 1) and in this it was clearly mentioned that manufacturers certificate is required for manufacturing unit. The petitioner had submitted a certificate itself as Annex. 2 which shows that Doshi Ion Exchange and Chemical Industries Ltd. has a licence of running a factory. According to the petitioner in Annex. 3 the essential mandatory requirements have been mentioned for the tender. This requirement is mandatory for considering the quotations. Clause (e) reads as under :- "(e) Registration Certificate of your manufacturing and fabrication unit from Industry Department along with the address of location of the Fabrication Unit/Factory. This requirement is mandatory for considering the quotations.";