Tender restrictions favoring specific brands violate Articles 14 and 19 of the Constitution, resulting in discriminatory practices and lack of fair competition.

JUDGMENT

Jasmeet Singh, J.

CM APPL.16898/2021-(EXEMPTION) in W.P.(C) 4043/2021

Allowed, subject to all just exceptions.

The application is disposed of.

W.P.(C) 2060/2021 & W.P.(C) 4043/2021 (COMMON GROUNDS)

1. The above two writ petitions raise similar issues and hence are being decided by this common order.

2. The petitioner in both the cases is M/s Omega Elevators, sole proprietorship concern of Mr. Kumarbhai Manharlal Desai having its registered office at 11, Sanjeev Baug Society, New Sharda Mandir Road, Paldi, Ahmedabad, Gujarat - 380007.

3. The petitioner is an original manufacturer of lifts and does not operate through any other agency for the purpose of sale, marketing or after-sale maintenance and service of the lifts.

4. It is further stated that petitioner has been successfully executing several contracts/work orders for various State bodies and is also effectively maintaining all lifts/escalators commissioned by it as on today. The credentials of the petitioner are brilliant and impeccable and it is a 100% Indian company.

5. The petitioner is a "A-Class" Certified/Enlisted electrical Contractor with various State PWD Departments.

6. The petitioner in both cases is aggrieved by the tender issued by the respective respondents alleging violations of Article 14 of the Constitution of India as well as the notifications and guidelines issued by the Union of India (UOI). Briefly, stating the facts are as under:

W.P.(C) 2060/2021 & CM APPL. 6040/2021-(INTERIM ORDER)

7. The present writ petition is directed against E-Tender Notice/Detailed Notice Inviting Tender (hereinafter referred to as DNIT) dated 08.02.2021 issued by respondent No.2 i.e. The Executive Engineer (Elect)-1 All India Institute of Medical Sciences (AIIMS). The substantive prayers are:

PRAYER

It is therefore, most respectfully prayed that the Hon'ble Court be pleased to:

i. Issue Writ in the nature of certiorari quashing the E-Tender Notice/Detailed Notice Inviting Tender (Annexure P-1) issued by Respondent No.2 - i.e. Respondent No.2.The Executive Engineer (Elect)-1 All India Institute of Medical Sciences (AIIMS) having Tender reference no: nit66/eee-i/aiims/2020-21 for UPGRADATION OF LIFT NO.11,15,16 & 17 in MAIN HOSPITAL AT AIIMS, as the same is arbitrary, illegal and not maintainable in the eyes of law, and

ii. Be pleased to hold and declare that such insertion of list of makes is arbitrary as well as illegal as it seeks to make the tender manufacture specific and is per se illegal and without any application of mind.

iii. Issue Writ in the nature of mandamus directing and/or commanding the Respondent, the Respondent No.2- i.e. The Executive Engineer (Elect)-1 All India Institute of Medical Sciences (AIIMS), to withdraw the list of makes from the tender document or alternatively direct the respondent no.2 to incorporate name of the petitioner i.e. OMEGA Elevators as an eligible bidder to offer its bid for Tender Notice (NIT) for UPGRADATION OF LIFT NO. 11, 15, 16 & 17 IN MAIN HOSPITAL AT AIIMS; and

iv. Issue Writ in the nature of mandamus quashing and setting aside condition in for Tender Notice for UPGRADATION OF LIFT NO. 11, 15, 16 & 17 IN MAIN HOSPITAL AT AIIMS, which entitles "Manufacturer's of only certain brands from participating in the tender process;

8. It is alleged by the petitioner that by way of the tender in question, the respondents have purposefully and intentionally omitted the name of the petitioner's brand from the l