The court emphasized that the fixation of the value of the tender is within the purview of the executive, and courts have limited role to play unless the action of the executive is proved to be arbitrary or unreasonable. The court also highlighted the importance of the doctrine of 'level playing field' in tender processes, subject to public interest.

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 October, 2013. It is in these circumstances that the Petitioners are before us in our writ jurisdiction under Article 226 of the Constitution of India. For the sake of convenience we shall refer to the facts in Writ Petition No.2753 of 2013.

4. The brief facts to decide the present controversy are that Petitioner No.1 is a Public Trust registered under sections 18 and 19 of the Bombay Public Trust Act, 1950 and is an organization that represents various catering licensees providing Railway catering services to the Central Railways. Petitioner No.2 is the secretary of Petitioner No.1. Respondent No.1 is the Union of India through the Ministry of Railways. Respondent No.2 is the General Manager, Central Railways and the person in-charge of the entire Central Railways. Respondent No.3 is the Chief Commercial Manager, Central Railways and looks into the day-to-day commercial affairs of the same. Respondent No.4 is the Executive Director (T & C) who formulates the catering policy, circulars etc. under instructions from the Railway Board and Respondent No.5 is Senior Divisional Commercial Manager, Bhusawal Division, Central Railways who has issued the tender document dated 9th October, 2013 for refreshment rooms. Respondent Nos.2 to 5 are in the employment, supervision and control of Respondent No.1.

5. The Indian Railways have the largest network of Railways divided into 17 zones and approximately 8056 Railway Stations. The Railway's main activity is plying goods and passengers and the main source of revenue is passenger ticket fares, freight and transportation charges etc. Apart from providing the aforesaid services, the Railways also provide catering services to its passengers and ensure that good and wholesome food is supplied to the passengers using its services.

6. From time to time, the Railway Board issued catering policies to achieve the aforesaid objective. Presently, the Catering Policy 2010 issued under Commercial Circular dated 21st July 2010 is in force. Between 2005 to 2010 Railway Catering Services were managed by the Indian Railway Catering and Tourism Corporation Ltd. (IRCTC). In 2010 Respondent Nos.1 to 4 issued a catering policy wherein the entire catering work of Mobile and Major units of the Indian Railways was transferred back to the Railways and all the 17 zones of the Railways were entrusted with the said work.

7. As far as Writ Petition No.2753 of 2013 is concerned, the members of Petitioner No.1 are holding refreshment rooms at Kandwa Railway Station, Manmad Railway Station, Shegaon Railway Station, Akola Railway Station and Badnera Railway Station. The aforesaid Railway Stations are 'A' category Stations. It is the case of the Petitioners that the actual sales of the members of Petitioner No.1 vary from Rs.2,500/- to Rs.5,000/- per d