J. B. PARDIWALA, J. This writ petition in the nature of a Public Interest Litigation has been filed jointly by two petitioners. Petitioner Nos.1 and 2 are the resident of Vadodara aged about 49 years and 65 years respectively.

2. In this petition, the following reliefs are prayed for:

"(A) Issue a Writ of mandamus or a Writ in the nature of mandamus or any other Writ, Order or Direction, quashing and setting aside Tender notices and subsequent amendments, and the advertisement inviting tenders for the purchase of Amorphous Transformers and C.R.G.O. Transformers in the concerned Discoms at Annexure-I.

(B) Be further pleased to direct the respondent Discoms to issue fresh tenders based on established norms and values of the formula of cost of ownership.

(C) Any other and further reliefs as may be deemed fit and proper may kindly be granted in the interest of justice."

3. Facts relevant for the purpose of deciding this writ petition in the nature of Public Interest Litigation can be summarised as under:

(1) The present petition has been preferred with an apprehension that a loss is to be suffered by the Government Exchequer, looking to the approach shown by the Discoms in acquiring distribution transformers i.e. Amorphous transformers as regards C.R.G.O. transformers.

(2) The Gujarat Urja Vikas Nigam Limited, the holding Company, vide its three subsidiary companies, namely, (1) Uttar Gujarat Vij Company Limited, (U.G.V.C.L.), (2) Dakshin Gujarat Vij Company Limited (D.G.V.C.L.) and (3) Paschim Gujarat Vij Company Limited (P.G.V.C.L.), has floated tenders for purchase of distribution transformers.

(3) It is brought to our notice that the advertisement would suggest that the Government of Gujarat through G.U.V.N.L. has decided to purchase sizeable number of Amorphous transformers in comparison to C.R.G.O. transformers on the basis of a biased T.C.O. formula 'under a pretext that Amorphous transformers have greater energy' efficiency compare to C.R.G.O. transformers.

(4) An attempt is sought to be made to convince the Court that the aforesaid decision of the G.U.V.N.L. is scientifically faulty and will cause the Government Exchequer a huge loss in excess of Rs. 120/crores against the said floated tenders. According to the petitioners, it can also be proved by statistics that the so-called Amorphous transformers are more costly than C.R.G.O. transformers and the energy saving is more or less equal to C. R. G. O. transformers and that their usage life and energy efficiency parameters are greatly reduced with repairs of any kind undertaken on them.

(5) It is alleged that G.U.V.N.L. has determined a capitalization formula for C.R.G.O./ Amorphous transformers in which the factor for calculating 'Total Owning Cost' has been drastically biased in favour of Amorphous transformers, thereby indirectly ensuring that the manufacturers of C.R.G.O. transformers are unable to compete in the bid for the tenders floated by G.U.V.N.L. based on this discretionary, formula.

4. Initially, notices were issued to the respondents and in response to the same, the respondents appeared and filed their reply to the petition.

5. In the affidavit-in-reply filed by the respondents, a preliminary objection as regards the maintainability of the present petition in the name of public interest litigation has been strongly raised including the bona fides of both the petitioners in filing the present petition.

6. The relevant part of the affidavit-in-reply in this regard is reproduced hereinbelow :

"(3) Before adverting to the merits of the petition, I beg to raise certain preliminary objections as to maintainability of the petition.

(A) Firstly the petition purports to be filed as and by way of public interest litigation by the petitioners with averments that petitioners have no personal interest and that the petition is being filed in the interest of the tax payers of Gujarat. I submit that though apparently, it is sought to be projected that this is a public interest lit