ORDER

1. IN APRIL 1999, TENDERS WERE CALLED FOR "FROM PARTIES WITH PROVEN CREDENTIALS IN THE FIELD OF ORGANISING TOURISM-RELATED EXPOSITIONS" BY THE MINISTRY OF TOURISM, GOVERNMENT OF INDIA TO ORGANISE THE INDIA INTERNATIONAL TRAVEL EXPO & MART (IITEM) FOR THE YEARS 2000, 2001 AND 2002. THERE WERE 12 TENDERERS WHO HAD APPLIED. OUT OF THE 12 TENDERERS, FOUR WERE SHORTLISTED. THE SELECTION COMMITTEE FOUND THAT ALL THE FOUR TENDERERS APPEARED TO BE EQUAL INCLUDING EXPERIENCE AND OTHER FACTORS. THE COMMITTEE WAS OF THE VIEW THAT THE MAIN CRITERION FOR ASSIGNING THE TENDER TO THE MOST SUITABLE PARTY SHOULD BE THE GUARANTEE OF "UPFRONT PAYMENT" TO THE MINISTRY OF TOURISM. IT ALSO APPEARS THAT M/S TAFCON, THE APPELLANT BEFORE US, GUARANTEED THE HIGHEST UPFRONT PAYMENT OF RS 45 LAKHS FOR THE THREE-YEAR PERIOD AS AGAINST RS 39 LAKHS OF ANOTHER CONCERN. AS FAR AS THE WRIT PETITIONER (WHO IS RESPONDENT 3 BEFORE US) WAS CONCERNED, IT HAD OFFERED RS 7.50 LAKHS BY WAY OF UPFRONT PAYMENT. THE SELECTION COMMITTEE, THEREFORE, RECOMMENDED THE APPELLANT TO BE CALLED AS THE "HIGHEST BIDDER" FOR DECIDING THE MODE OF "UPFRONT PAYMENT" AND "FIRMING UP THE NUMBER OF BUYERS FOR 2000-02".

2. THE RECOMMENDAT