S.J.MUKHOPADHAYA,J. - (1.) IN this writ petition, the petitioner has challenged the legality and validity of Tender Notice dated 11th April, 2003 issued by the 2nd Respondent, The Jharkhand State Tribal Cooperative Development Corporation Limited, Ranchi (for short 'Corporation'), whereby and where -under, tenders have been called for only from Government of India Enterprises who have executed similar Government aided projects in remote areas to install solar power lighting systems in the Government Tribal Residential Schools and Hostels.
(2.) THE petitioner, BP Solar India Limited, a Private Company registered under the Companies Act, 1956 having not come within the zone to apply for tender, has challenged the proposals/Tender Notice dated 11th April, 2003, as illegal, arbitrary and void. According to the petitioner, it is not only a manufacturer and distributor of solar power systems, but it also designs, develops, manufactures, installs, commissions and give services of photovoltaic cells, modules, products, systems and other accessories for application like, lighting, pumping, refrigeration, grid connect, hybrid power, voltage power plants etc. The petitioner claims that over a period of 12 years, it has built up the name for itself as having expertise in the area of manufacture and supply of solar power systems. Its expertise has been recognized and acknowledged by the Central Government and various State Governments and Governmental agencies. It has carried on extensive utilization of solar powered equipments and systems, inter alia, for various State Governments and Governmental Agencies. The petitioner claims to have made largest investments in the field of solar powers of India and further claims to be the largest employer in the field having turnover of about 262 crores - -500 crores. The details of works so performed by the petitioner in the States of Jammu and Kashmir, Orissa, Chennai, West Bengal, Punjab and Haryana have been shown at paragraphs 7 to 10 to the writ petition.
(3.) THE counsel for the petitioner submitted that the action of the respondents by excluding the private parties and only calling for applications from Government Organisations/Agencies is arbitrary, un -reasonable, unfair, unjust and is against the basic tenets of natural justice.;