Tender conditions permitting out-of-state participation enhance competition and do not violate constitutional provisions regarding fairness and freedom of trade.

ORDER :

BHARGAV D. KARIA, J.

1. Heard learned advocate Mr. S.P Majmudar with learned advocate Mr. Arpit Kataria appearing for the petitioners and learned Assistant Government Pleader Ms. Nirali Sarda for the respondent.

2. By this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs :-

“A YOUR LORDSHIPS may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction, quashing and setting aside the impugned tender bearing tender ID 255014-2025, dated 18.12.2025 (Annexure 3, herein above) to the extent of Condition No. 26 of Clause No. 4.17 "General Terms of the said tender and further be pleased to direct the Respondent No. 02 herein to frame and finalize the tender conditions of the said Impugned tender bearing tender ID 255014-2025, dated 18.12.2025 (Annexure), herein above) in accordance with the Government Resolution dated 01.03.1988 (Annexure A herein above), in the interest of justice.

B. During the pendency and final disposal of the present petition, YOUR LORDSHIP may be pleased to stay the process and operation of the impugned tender bearing tender ID 255014-2025, dated 18.12.2025 (Annexure J, herein above), till the Condition No. 26 of Clause No. 4.17 "General Terms" of the said tender is quashed / modified / altered in accordance with the Government Resolution dated 01.03.1988 (Annexure A herein above), in the interest of justice.”

3. Learned advocate Mr. Majmudar has very fairly contended that the petitioners are challenging the condition No. 4.17 (26) of the General Terms and Conditions of the tender for empanelment for job work of offset printing of textbooks, which provides that “outside of Gujarat State presses are also eligible for this tender”. The petitioners are in the business of printing text books journals and are receiving printing orders from all throughout India including different State Governments and have been satisfactorily complying with the orders.

4. It is the case of the petitioners that the respondent No.2 -Gujarat State Board of School Textbook who has issued the tender dated 18.12.2025 for job work of offset printing of textbooks could not have prescribed condition No. 26, of General Terms, inviting tenders from “Pan India Printers” outside Gujarat, in view of the fact that the printing press is required to be situated in Gujarat so as to see that local printers having their printing press within the Gujarat State may get the benefit of the job work of printing text books.

5. Learned advocate Mr. Majmudar submitted that considering the other tender conditions more particularly conditions No. 4.10.2 A (iii) and (iv) pertaining to the printing process prescribing the issue of two quality of papers to be used for printing purpose, the respondent No. 2 is required to carry out the inspection and if the printers from outside Gujarat are permitted to participate in the bidding process the same would result into delay and hardships to respondent No.2 for fulfilling such conditions.

6. It was further submitted that Government of Gujarat in Resolution dated 1.3.1998 has directed that every Board Corporation of the government to have its printing work done by the press within the State itself and to strictly follow such resolutions. It was pointed out that the resolution is still in operation and is not replaced by any other resolution of the Government and therefore, respondent No. 2 could not have prescribed such conditions which is arbitrary on the face of it, as bidders from outside Gujarat could not have been permitted to participate in the bid process.

7. It was further submitted that various other states like M