MOHAMMAD RAFIQ, J. - (1.) This writ petition has been filed by four petitioners, who are proprietorship firms engaged in the business of transportation of products like petrol, diesel, oil, LPG and lubricant etc. in the State of Rajasthan, seeking a Writ of Mandamus quashing condition laid down in the tender(Annexure-1) floated by the respondent-Indian Oil Corporation by advertisement dated 13.01.2017 to the extent of providing priority/preference to LPG Distributors offering trucks under "Own Use Trucks" category over the open category bidders like the petitioners and also praying for consequential relief. Alternative prayer has also been made by the petitioners for quashing entire tender document with direction to re-tender the same after providing the conditions in consonance with the provisions of Article 14 read with Articles 19(1)(g) and 299 of the Contitution of India.
(2.) Respondent-Indian Oil Corporation Limited(for short 'IOCL') floated e-tender on 13.01.2017 for 'Transportation of Indane LPG Cylinder in vertical position on unit rate basis Ex-Ajmer LPG Bottling Plant' for a period of five years, which period was divided in two parts. First spell was for a period of initial three years with a provision of two yearly extensions of one year each at sole discretion of IOCL with effect from the date of placement of Letter of Intent or as advised by the State Office of IOCL. As per Clause 14 of the NIT(Tender Schedule-I), maximum age for the quoted truck should not be exceeding 14 years as on the closing date of tender. Submission of bids started from 27.01.2017 at 15.00 hours and lasted on 13.02.2017 at 11.00 hours. Technical bid was scheduled to be open on 14.02.2017 at 11.00 hours. Pre-bid conference was held on 23.01.2017 where after the respondents issued pre-bid clarification on 27.01.2017.
(3.) Mr. Ashish Saksena, learned counsel for the petitioners argued that condition giving preference to LPG Distributors over the open category tenderer violated right to equality enshrined under Article 14 of the Contitution of India. The respondents ought to have adhered to doctrine of 'Level Playing Field' and provided fair and reasonable opportunity to all the tenderer. Their action in putting condition providing preference to LPG Distributors is arbitrary, unfair and unreasonable, being violative of Article 14 read with Article 19(1)(g) of the Contitution of India. Learned counsel in this connection referred to Clause 9 of the General Conditions to Bidders wherein similar relaxation/preference has been granted to the LPG Distributors with regard to age of the vehicle to be used over the common transporter as per Clause 14(I)(b) of the Tender Evaluation Criteria, which is also discriminatory and violative of right of equality enshrined under Article 14 of the Contitution of India. Favourable treatment has been extended to the LPG Distributors by the respondent-Corporation also under Clause 3.0 of the Tender Document by providing relaxation of security deposit. It is submitted that prebid conference was held on 23.01.2017 wherein the petitioners submitted copy of letter sent to the office of Respondent No. 1 to 3 through the President of "Packed LPG Transporters Association, Ajmer" raising all the aforesaid objections, but no heed was paid by the respondents. Grievances of the petitioner were not remedied in the pre-bid clarification issued on 27.01.2017. If the substantial requirement of trucks, as per the Tender in question, is allowed to be satisfied by LPG Distributors only, then the petitioners, who are open tenderer, would suffer immensely. Representation on behalf of the petitioners' association was sent to various authorities and when such representation failed to evoke any response, the petitioners served notice for demand of justice on the respondents. Argument of learned counsel for the petitioners is that Clause 9 of the General Condition to Bidders; Clause 14(l)(b) of the Tender Evaluation Criteria and Clause 3.1 of Security Deposit, which provides preference/priority to LPG Distributors on offering their owned trucks in the instant tender under the category 'Own Use Trucks' is violative of Articles 14 and 19(1)(g) of the Contitution of India. Learned counsel for the petitioner, in support of his arguments, relied upon the judgments of the Supreme Court in Meerut Development Authority v. Association of Management Studies and Another, (2009) 6 SCC 171 and Jagdish Mandal v. State of Orissa and Others, (2007) 14 SCC 517.;