- (1.) HEARD Mr. Anil Kumar Sinha, learned counsel for the petitioners and Mr. R.K. Merathia, learned counsel for the respondents.
(2.) THE petitioners have prayed for quashing Annexure 5, i.e. the notice which, inter alia, contains details of medium term sales arrangement. During the course of arguments Mr. Anil Kumar Sinha has stated that from a perusal of the same, it would be apparent from the second paragraph thereto that the intending buyers would have to submit their applications along with a "non -refundable" application fee of a sum of Rs.30,000/ - (Rupees thirty thousand) separately for each item in favour of SAIL, Bokaro Steel Plant. He argues that if a person is to opt for, say ten items as enlisted at page 32, then he would have to pay a staggering sum of Rs.3,00,000/(Rupees three lakhs) in the shape of the "non -refundable" amount without any guarantee that irrespective thereof, work order would be given to him. Mr. Anil Kumar Sinha has further stated that in the past, the respondents had all along insisted on depositing a lesser amount and as an example he has drawn the attention of this Court to Annexures 1, 2 and 3. The learned counsel submits that in all these annexures (which are earlier sale orders) the relevant portion reads thus: - "Interested parties will have to deposit DD/PO/BC of Rs.10,000/, separately for each item along with the request for offer. This amount shall be forfeited if the party fails to accept the offer and deposit the security deposit and advance within stipulated time." (emphasis added)
(3.) SUDDENLY by reason of the impugned Annexure 5, the insistence on the part of the respondents to the effect that a sum of Rs.30,000/ - would have to accompany an application and the same would be non -refundable, apparently amounts to an unreasonable restriction as it amounts to creating a class within a class". Only the rich would be able to apply for as many number of jobs as they desired, they being armed with money while the "not -so -wealthy" would be forced to be content with only one or two jobs, depending upon the availability of finance with them notwithstanding the fact that they may be fully qualified to undertake a greater number of assignments. ;