- (1.) HEARD Mr. Binod Poddar, learned counsel appearing for the petitioner and Mr. P.K. Prasad, learned Standing Counsel, Central Government.
(2.) IN the instant writ petition the petitioner seeks a direction upon the respondents for quashing the tender submitted by respondent No. 7 and also for a declaration that the tender decided in favour of respondent No. 7 is illegal, arbitrary and mala fide. For the purpose of appointment of dealers for post paid service and distributors for pre -paid service of cellular mobile telephone service, Bharat Sanchar Nigam Ltd. (BSNL) issued tender notice on 20.8.2002. The petitioner alongwith others including respondent No. 7 submitted tenders which consisted of technical bids and financial bids. On 16.9.2002 technical bid of 113 tenderers including that of the petitioner were opened and scrutinized by the Telecom Regulatory Authority. Out of that 68 tenderers were short -listed and thereafter 32 tenderers including the petitioner were found fit for consideration.
(3.) THE case of the petitioner is that technical bid of respondent No. 7 was not found worth consideration and was rejected. Thereafter on 5.4.2003 technically selected 32 tenderers were called to be present at the time of opening of price bid. Price bid of 8 tenderers including that of the petitioner were found eligible for dealership/Distributorship. Price bid of the petitioner was the only price bid for dealership for Ranchi, Gumla, Lohardagga and Simdega. Further case of the petitioner is that although technical bid of respondent No. 7 was rejected but the price bid of respondent No. 7 was opened on 3.6.2003 in a most irregular manner and a decision was taken for awarding tender in favour of respondent No. 7.;