S. Ravindra Bhat, J.

( 1 ) RULE issued. With consent of parties, the matters have been finally heard.

( 2 ) THESE petitions under Article 226 raise common question of law, hence they were heard and are being disposed by this common judgment.

( 3 ) THE petitioners question conditions spelt out in the "expression of interest for execution of dense carpet works on annual rate basis" (hereafter called "the impugned policy"within jurisdiction of the Municipal Corporation of Delhi ("mcd") for 2004-05. The impugned policy was published on 20th may, 2004. It is attacked on ground of arbitrariness and unreasonableness and that the MCD is estopped, by its previous conduct from insisting upon the eligibility criteria framed in the policy.

( 4 ) ALL petitioners are registered contractors with the MCD who claim to have worked for MCD over several years, and successfully executed several dense carpeting contracts (i. e. works in relation to roads and bridges involved in Bituminous Macadam, Asphaltic, etc.) The petitioners aver that as per the prevailing practice in the MCD, contractors are registered in separate categories for specific durations and are permitted to bid/tender for different kind of works. The petitioners are registered as Class 1 contractors on the basis of their past performance and are eligible for submitting tenders. It is averred that in 2001, officials of MCD studied the equipment and premises of various contractors, executing dense carpet works and required them to address certain concerns about their equipment specifically hot-mix plants. Consequently the petitioners upgraded their plants and machinery taking into consideration the specifications issued by the Central Ministry of Surface transport. The respondent MCD, through its circular, in March 2001, had put the petitioners and all other contractors to notice that only contractors having hot-mix plants, pavers, three-wheel rollers, tandem rollers, vibratory/ pneumatic tyred rollers as per the Central Government specifications would be permitted to tender, in future.

( 5 ) THE MCD issued the impugned policy on 20th May, 2004, inviting expression of interest from reputed technically and financially sound contractors / companies / firms and individuals. The impugned policy essentially spells out pre-qualification conditions for works to be executed under the ages of the MCD. The conditions are: " (i) Requirement of registration with MCD, Central Public Works department, Delhi PWD or Ministry Engineering Service (MES) in class 1 (un-limited for dense carpet work); (ii) Requirement of turn over of at lease 3. 60 crores for similar works from each of the financial years, of dense carpet works; (iii) The third requirement can be classified into three parts. The first part contains specifications with regard the equipment such as hot- mix plant; two sensor paver finishers; two vibratory rollers; weigh bridge near hot-mix plant; a technical laboratory equipped with all testing materials; experienced personnel to maintain the laboratory. The second part (Clauses vi and vii) relates to employment of experienced qualified technical personnel for the laboratory and two full-time Civil Engineering Graduates with three years experience. The third condition (contained in Clause (viii) is extracted below: (viii) Must have satisfactory performed at least three similar completed works during the last three years not less than Rs. 480 lakhs each; or two similar completed works costing not less than the amount Rs. 600 lacs; or one similar work costing not less than Rs. 960 lakhs. Note : Similar works means works of dense carpeting on roads and bridges i. e. bituminous macadam, asphaltic concrete wearing curse and semi-dense bituminous macadam and mix seal surfacing. "

( 6 ) THE petitioners are aggrieved by the eligibility spelt out by para 3 (viii) reproduced above. In the petition they have also impugned the condition with regard to the kind of hot-mix plants required to be maintaine

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