( 1 ) THE petitioners who are two in number along with the third respondent herein which is said to be a public sector undertaking,- along with many others, participated in a tender for supply of various types of sleepers pursuant to a tender floated by the second respondent herein being Tender No. Track-1 of 2001. By reason of the said tender, a notice inviting tender was called in respect of 6,30,000 sleepers. Having regard to the terms and conditions of the said notice inviting tender, the participants submitted their offer to a limited quantity. The positions of the parties upon submission of their respective offers would appear from the following chart:

"railway board Tender 1 of 2001 for Manufacture and supply of 6,30 M. G. Steel Trough sleepers opened on 19. 04. 2001the relevant terms and conditions of the said tender are as under:

"3. 6. The purchaser reserves the right to place order (s) for any quantity within the tendered quantity or even discharge the tender at it sole discretion without prejudice. 8. 1 The Tenderers should quote firm price only which will not be subject to any variation. 8. 6 Tenderers have to quote only one uniform rate for the quantity they