- (1.) IN this writ petition the petitioner has challenged the Notice Inviting Tender (N.I.T) for supply of ladies bicycles on rate contract for the year 2011 -12 issued by the respondents -department.
(2.) ACCORDING to the petitioner the terms and conditions incorporated in the impugned N.I.T are violative of Articles 14, 19(1)(g) and 21 of the Constitution of India. In course of hearing learned counsel for the petitioner invited the Court's attention on the terms contained in Section 1, particularly. Clauses 2.2(ii), 5 and 6 of the impugned N.I.T. in support of his contention that the said terms are arbitrary - and discriminatory. It has been submitted that the respondents have incorporated the said terms, which cannot be fulfilled by any tendered. The said terms are obviously incorporated for favouring some of the tenderers and are arbitrary and illegal.
(3.) THE respondents have contested the writ petition. In their counter -affidavit it has been, inter alia stated that the said contentions of the petitioner are wholly false and baseless. The respondents had floated the impugned N.I.T for supply of ladies bicycles on rate contract for the year 2011 -12 by following a very transparent procedure. No term and condition was incorporated in the impugned N.I.T. which prevented S.S.I. Units or any other prospective bidders from participating in the impugned N.I.T. All the terms and conditions were incorporated in the impugned N.I.T after carefully considering in detail in public interest and after approval of the competent authorities. The terms and conditions of the impugned N.I.T are rational, reasonable and constitutional.;