M.R. Shah, J.

By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for issuance of an appropriate Writ, direction or order to quash and set aside the issuance of the bid document and any steps taken by respondents Nos.1 to 3 pursuant to the bid document. In the alternative, it is prayed that an appropriate Writ, direction or order, be issued directing respondents Nos.1 and 2 to modify the bid document to allow reasonable variance in the technical specifications for rescue boats; and to provide for rational eligibility criteria for entities interested in submit bids pursuant to the bid document.

2. The facts leading to the present Special Civil Application and the case on behalf of the petitioner in nutshell are as under:

2.1 It is the case on behalf of the petitioner that it is India's premium Boating Company and a market leader in the sectors of commercial boating, leisure boating, defence applications and boat infrastructure solutions. The petitioner has exclusive dealerships with the world's leading brands in motor/sail boats, speed boats, High Density Polyethylene ("HDPE") rescue boats, etc. According to the petitioner, there are no Original Equipment Manufacturers (OEMs) of HDPE rescue boats in India. It is stated that when the Indian State agencies issue tenders for procurement for such rescue boats, Indian HDPE rescue boats suppliers such as the petitioner, make supplies by importing rescue boats from foreign OEMs.

2.2 It is the case on behalf of the petitioner that in the year 2017, respondent No.2 - Gujarat State Disaster Management Authority ("GSDMA") through the Gujarat State Disaster Rescue Force ("GSDRF") had invited bids in terms of the tender document dated 04.05.2017 for supply of 73 units of 8 seater rescue boats; 15 units of 14 seater boats and 5 units of air boats. It is the case on behalf of the petitioner that the tender notice/tender document provided number of technical specifications as per Schedule-II as under:- (Schedule-2) Specifications for

HDPE LIFE BOAT FOR RESCUE (14 SEATER)

Rescue Boat should have Roto-moulded Double Skin Hull

Length of the Rescue Boat should be minimum 550 cm

Width of the Rescue Boat should be minimum 240 cm

Weight of the Rescue Boat should be maximum 600 kg.

Capacity of the Rescue Boat should be minimum 14 persons

Hull Material should be HDPE & Hull Type should be 'V' shaped

OBM: Minimum 50 HP 2 stroke Remote Operated Yamaha/Tohatsu OBM should be provided

OBM panel should be provided for fixing OBM

Console should be provided

Towing Eye should be provided

Anchor Cleat and Anchor Bulkhead should be provided

Fender Strip and Grab Handles should be provided

Passenger Grab Rail should be provided

Foldable Canopy should be provided

Rescue Boat should be CE Certified or any IACS Member Certified (Certificate to be submitted with Technical Bid).

Manually operated Bilge pump should be provided.

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Schedule-3 Specifications for the

HDPE LIFE BOAT FOR RESCUE (8 SEATER)

Rescue Boat should have Roto-moulded Double Skin Hull

Length of the Rescue Boat should be minimum 400 cm

Width of the Rescue Boat should be minimum 170 cm

Depth of the Rescue Boast should be maximum 55 cm

Weight of the Rescue Boat should be maximum 150 kg.

Capacity of the Rescue Boat should be minimum 8 persons

Hull Material should be HDPE & Hull Type should be 'V' shaped

OBM: Minimum 30 HP 2 stroke Tiller Yamaha/Tohatsu OBM should be provided

OBM panel should be provided for fixing OBM

Mooring Ring, Mooring cleat and Chromed drain plug should be provided

Storage bench should be provided

Tow rope hole, Deck Lashing and Foot Bars should be provided

Foldable Canopy should be provided

Rescue Boat should be CE Certified or any IACS Member Certified (Certificate to be submitted with Technical Bid).

2.3 It is the case on behalf of the petitioner that the combination of the technical specifications was such that the boats manufactured by only two particular foreign Original Equipment Manufacturers can meet the req