JUDGMENT :

Ashutosh J. Shastri, J.

1. By way of this petition under Article 226/ 227 of the Constitution of India, petitioner has prayed for following reliefs:-

(A) Your lordships may be pleased to issue an appropriate writ, order, or direction quashing and setting the Bid Document No. GEM/2022/B/1955944, dated. 18.02.2022 and subsequent corrigendum dated. 25.02.2022 for the supply for Preshcool Education For Anganwadi Children in Gujarat, in as far as the criteria pertaining to Past Performance, Requirement of having to submit Samples prior to/at the time of submitting a bid, 50% Bid Quantity, arbitrary definition of last 3 financial Years etc., as being totally unjust illegal and arbitrary and tailor made to suit specific participants in the bidding process, in the interest of justice.

(B) Your lordships be pleased to quash and side the work order granted in the favor of Respondent no. 3, and be further pleased to direct respondent no. 2 to float the bid for supply for Preshcool Education For Anganwadi Children in Gujarat, afresh with reasonable participation criteria, allowing fair participation of all eligible bidders interest of justice.

(C) Pending hearing admission and final disposal of this petition, your lordships be pleased to pass an order staying execution, implementation and operation and taking of any further steps towards implementation of Bid Document NO. GEM/2022/B/1955944 dated. 18.02.2022 and subsequent corrigendum dated. 25.02.2022 for the supply for Preshcool Education For Anganwadi Children in Gujarat in the interest of justice.

(D) Your lordships be pleased to issue a writ of mandamus or any other writ, order, or direction, directing the respondents to frame the Guidelines to be followed while conducting tendering/e-tendering process maintaining integrity, impartiality, transparency and upholding fair competition and the best financial interests of the state exchequer, as well as the participants in the interest of justice.

(E) Your lordships be pleased to issue a writ of mandamus or any other writ, order or direction, directing the respondents to get an Audit, through the respective wing of the CAG to be done, so that any loopholes in the system may be detected, and integrity, impartiality, transparency, fair competition and the best financial interests of the state exchequer, as well as the participants, are maintained in the interest of justice.

(F) Your Lordships may kindly be pleased to pass such other or further order or relief that may be deemed just fit and proper in the interest of justice.

2. The case of the petitioner is that petitioner is a proprietorship firm and is one of the leading manufactures and suppliers of preschool kits. Commissioner of Woman and Child Development, Gujarat State authority published a tender document No.GEM/2022/B/955944 providing preschool education kit for Anganwadi children in Gujarat (Q-3) through its e-market place GeM. Public procurements which are made through GeM have to follow general terms and conditions of portal and it clearly stipulates that resulting contract shall be governed by General Terms and Conditions (GTC) unless petitioner supersedes by some special terms. According to the petitioner, original bid document lays down buyers specifications documents wherein no criteria is laid down in the said document, craft out a highly customized set of requirements which cannot be available immediately through manufacture or procurement with immediate effect.

3. Petitioner is not convenient with the terms and conditions which are stipulated in the tender document consisting of additional buyer added specific terms and conditions as well as disclaimer clause which is a part of the tender document. By indicating that samples are called in advance which is not the criteria laid down by GeM and as such, is not just and proper on the part of the authority to insist.

4. It has been stated in the petition that when bid is opened on 18.2.2022, it was not possible for the petit