R. M. S. KHANDEPARKAR, J.

( 1 ) SINCE the common questions of law and facts arise m both these petitions, they were heard to gether and are being disposed of by this com mon judgment We have heard at length S/shri S K Kakodkar and S G Dessai, Senior advocates for the respective petitioners and shn S S Kantak, Advocate General for the respondent Nos 1 and 2 and S V Manohar, advocate for the respondent No 3

( 2 ) IN both these petitions, the petitioners challenge the rejection of their bids at the pre-qualification stage The bids were sub mitted by the petitioners in answer to the notices issued by the 1st respondent inviting tenders from eligible manufacturers for supply of high security registration plates for all types of vehicles in the State of Goa. The petitioners tenders have been rejected on the ground that the same were not substantially responsive in terms of the tender documents.

( 3 ) WRIT Petition No. 432 of 2005 is by promuk Hoffman International Limited, a public limited company incorporated in pursuance of and in culmination of a joint venture agreement drawn between Promuk Associates and M/s. EHA hoffman KG, a German Company, for the purpose of manufacture and supply of high security car licence plates among some other products. M/s. EHA hoffman KG, a German Company is stated to be pioneer in manufacture of high security vehicle registration plates, electronic vehicle systems etc. and is operating in more than 30 countries worldwide in the said field. The petitioners in this petition is hereinafter called as "the Promuk Hoffman".

( 4 ) WRIT Petition No. 457 of 2005 is by M/ s. Hind Industries, a public limited company stated to have been involved in the manufacture of high security registration plates. The said public limited company has entered into a joint venture agreement dated 3 february, 2005 with M/s. Muschard technikvertrieb - Germany and Wilhelm grewe OHG- Germany. Both the German companies are stated to have expertise in manufacture of high security vehicle registration plates and is in joint venture business of manufacturing, supplying and exporting various products and is operating worldwide. The petitioner in this petition is hereinafter called as "hind Industries".

( 5 ) SOMETIMES, in the third week of September, 2005, the respondent No. 1 issued notice inviting tenders from eligible manufacturers to produce high security registration plates for all types of vehicles in the State of Goa and the bidders were required to submit their bids in three parts i. e. in three envelopes. The First envelope to contain pre- qualification details and the documents, the second to contain technical bids and the third to contain financial bid. In all, five bidders including the petitioners submitted their respective tenders in three envelopes within the time specified in the said notice.

( 6 ) ON 18th October, 2005, the pre-qualification bids submitted by all the five tenderers were opened in presence of the representatives of the bidders. After opening the bids, they were circulated amongst the representatives of all the bidders present on the occasion and their comments thereon were invited. After receipt of the comments from the petitioners in relations to the bids submitted by others, the Committee which was constituted on 12th August, 2005 to oversee the tender process and analyse the bids, in its meeting held on 21st and 25th october, 2005, after taking note of various points in respect of the tenders submitted by each of the five bidders and after evaluating them, decided to disqualify the petitioners herein. Pursuant to the said decision, the respondent No. 2 under a letter dated 3rd november, 2005 informed the petitioners that the Committee on high security registration plates, after having evaluated the pre-qualification bids of the petitioners, had decided to reject their bids as not being substantially responsive in terms of tender document.

( 7 ) WHILE it is the case of the Promuk hoffman that