JUDGMENT :

(Moushumi Bhattacharya, J.)

1. The petitioner no. 1 is a company engaged in the business of inspection and certification of jute products. The petitioner no. 2 is a Director of the first petitioner. The petitioners seek a declaration that the eligibility criteria for selection of inspection agencies as fixed by a Notification dated 23.8.2016 should be valid and binding on the respondents and also for a mandamus commanding the respondents to desist from giving any effect to the eligibility criteria fixed under Notice Inviting Tender (NIT) dated 31.12.2019 as being in deviation from the Notification dated 23.8.2016.

2. The respondents are the Jute Commissioner under the Ministry of Textiles, Government of India (respondent no. 2), Cotecna Inspection India Private Limited, a participant Inspection Agency in the tender under review (respondent no. 3) and the Indian Jute Industries’ Research Association (respondent no. 4).

3. The petitioners filed CAN 1 of 2023 for amendment of the writ petition by including one Eskaps (India) Private Limited as another participating bidder in the tenders and also for a mandamus on the respondents to cancel a decision dated 5.1.2023 disqualifying the technical bid of the petitioner no. 1. In the amendment application, the petitioners also sought for quashing of the decision of the respondent no. 2/Jute Commissioner holding the respondent nos. 3 to 5 eligible for empanelment as inspection agencies.

4. Learned counsel appearing for the parties have made their arguments both on the writ petition as well as amendment application.

5. The Notification dated 23.8.2016, the NIT dated 31.12.2019 as well as the Tender dated 2.2.2022 were for empanelment of Inspection Agencies for examination and testing of jute bags conforming to the quality parameters for holding food-grains. The empanelled Inspection Agencies are to inspect the quality of jute bags as per the Bureau of Indian Standards (BIS). The petitioners claim that the Notification dated 23.8.2016 containing a Request for Proposal for carrying out the inspection of the quality of jute bags formulated the correct standards and criteria for empanelment of Inspection Agencies. Learned counsel appearing for the petitioners submits that the criteria must be in conformity with the object and purpose of the statutory power conferred on the Jute Commissioner vide the Jute Textile Control Order, 2016.

6. Counsel submits that the NIT of 2019 did not serve the object and purpose of appointment of Inspection Agencies and that the 2022 Tender also fails to meet the requirement. According to counsel, the petitioners are aggrieved by the subsequent orders of modification of the eligibility criteria which also were not suitable for preserving the purpose of the Notification of 2016 which was to ensure that jute bags are of BIS standards. Counsel urges that the eligibility criteria of the selection of Inspection Agencies is to ensure that the agencies are competent to serve the statutory object of ensuring the quality of jute textile in the market and protect the end-users and that the subsequent NIT of 2019 and a Tender of 2022 have diluted the standards.

7. Counsel places a comparative chart of the criteria of the 2016, 2019 and 2022 NITs/Notifications to submit that the 2022 Notification has diluted the criteria for the empanelment of Inspection Agencies without any reasonable basis. According to counsel, the dilution/modification was made only to favour the respondent no. 3 who has been empanelled as one of the successful bidders. Counsel disputes the selection of the respondent no. 3 on the eligibility grounds under the 2016 Notification. It is submitted even if the subsequent modifications are accepted as a policy decision, such decision would be amenable to judicial review. It is submitted that the petitioner no. 1 was in any event eligible to participate in the 2022 Tender.

8. Learned counsel appearing for the respondent no. 2 Jute Commissioner submi