JUDGMENT

A. K. Patnaik, J. —

Leave granted.

2. These Appeals are against the judgment and order dated 29.04.2010 passed by the Division Bench of the Madras High Court in Writ Appeal Nos. 726 and 727 of 2010.

3. The relevant facts very briefly are that M/s Indian Railway Catering and Tourism Corporation Limited (for short ‘IRCTC’) planned to set up a packaged drinking water bottling plant at Palure, near Chennai, to produce drinking water under the brand name “Rail Neer” for railway passengers. In November 2008, the civil work for construction of the plant building was started. In February 2009, IRCTC published a tender notice for turnkey project for design, engineering, supply, installation, commissioning, operation and maintenance of the packaged drinking water bottling plant. Pursuant to the tender notice, three tenderers, namely, M/s Thermax, M/s Ion Exchange (I) Ltd. and M/s. Doshion Veolia Water Solutions (P) Limited submitted their offers, but as the offers were conditional, it was not possible to evaluate them and to decide the inter-se position of the three tenderers in an objective manner and therefore the Tender Committee of the IRCTC recommended for discharge of the ten