B. P. Colabawalla J.

1. Rule. Respondents waive service. By consent of parties, rule made returnable forthwith and heard finally.

2. By these Petitions under Articles 226 and 227 of the Constitution of India, the Petitioners challenge the Railway Catering Policy 2010 to the limited extent that the classification and categorization of Railway Stations based on their annual earnings are per se illegal, arbitrary and unjust and have no nexus with the actual sales and/or footfalls on the catering units on such Railway Stations. The Petitioners also challenge the technical criteria, evaluation and selection process contained in the tender document dated 9th October, 2013 issued by the Railways for provision of refreshment rooms.

3. It is the case of the Petitioners that as a result of classification and categorization of Railway Stations on the basis of their annual earnings, the members of Petitioner No.1 (in Writ Petition No.2753 of 2013) who were originally allotted small static catering units have now become major static units and have thereby been affected by certain onerous, unjust and arbitrary evaluation criteria in Section B Chapter III of the tender document dated 9th O