1. The petitioner seeks a writ of certiorari to set aside the decision of respondent nos.2 and 3 accepting the technical bid of respondent no.4 and an order restraining them from awarding the contract and/or implementing the contract in furtherance of the e-tender. The petitioner has also sought a writ of mandamus directing respondent nos.2 and 3 to award the contract under the tender in its favour. Respondent no.2 is the Directorate of Medical Education and Research, respondent no.3, is the Director of the respondent no.2 and respondent no.4 is Siemens Ltd.

2. The respondent no.2 floated a tender for the procurement of MRI Machines “3-TESLA”. The two bid system was followed. The first being a technical bid and the second being a commercial bid. Clause 10 of the TECHNICAL BID ( PART-I) is as under:

10. “USERS LIST:-

The tenderer should submit user list of Quoted Model as per Annexure -IV:”

...

Clause 1, 3 and 11 of the COMMERCIAL BID (PART -II) clause 3(i)(ii) reads as under:-

1. No price should be quoted in Part I (Technical Bid). If any price is quoted in technical bid, the entire tender will be tender as INVALID.

11. Annual Maintenance Contract (Labour Charges)/ Comp