JUDGMENT

G.S.Kulkarni, J. - The petitioner who was awarded a contract by the respondent-Navi Mumbai Municipal Corporation (for short 'the Corporation') in January 2016, for a period of five years for the work of mechanised housekeeping and multi-purpose (patient care) services in its health centres (three general hospitals and three maternity and child health centres), and which came to be terminated by the Corporation on 15 March 2017, for non satisfactory performance, is before the Court in these two petitions. The issue in these writ petitions revolves around a fresh tender issued by the Corporation for the same work, interalia prescribing a pre-qualification criteria being an eligibility condition providing that "the contractors whose work contract is terminated due to unsatisfactory services or are black listed would not be eligible to participate in the tender". The cause of action in both these petitions is identical namely the new tender for the abovesaid work, albeit the tender notices issued by the Corporation are of different dates.

2. The factual antecedents in which the con