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2022 Supreme(Bom) 1004

DIPANKAR DATTA, M. S. KARNIK
Rosmerta Technologies Ltd. – Appellant
Versus
State of Maharashtra through Principal Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sanjeev P. Kadam with Mr. Ramdas Hakke Patil
For the Respondent:Mr. A. A. Kumbhakoni, Advocate General with Mr. P. P. Kakade, Government Pleader, Mr. M. M. Pabale, AGP and Ms. Sneha Bhanage

JUDGMENT :

Dipankar Datta, J.

1. Motor Vehicles Department, Government of Maharashtra (hereafter “GoM”, for short) issued Tender Notification No. TCO/Comp/RCDLTender/2021/On4180 dated 25th March 2021 in the form of a REQUEST FOR PROPOSAL (hereafter “RFP”, for short) for Selection of a Service Provider for Centralized Printing of Registration Certificates and Driving Licenses for a period of five (5) years.

2. In this writ petition dated 6th June 2022, the petitioner has questioned clauses 2.15 and 2.16 of the RFP on grounds as urged therein and has prayed for, inter alia, the following relief :

    “(A) Pass a direction/order in the nature of Mandamus or Certiorari or any other writ thereby quashing or setting aside the referred RFP dated 25.03.2021, thereby quashing the impugned discriminatory, arbitrary and tailor-made eligibility condition as embodied under Clause 2.16, Sr. No. 1 (Turnover), Clause 2.16, Sr. No. 2 (Net-worth), Clause 2.16, Sr. No. 5 (experience), Clause 2.15 of the impugned R

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