I.A. Ansari, J.

1. By this common judgment and order, I propose to dispose of all these four writ petitions inasmuch as all these four writ petitions are inseverably connected with each other and have raised substantially same questions of law and involve certain common facts. These writ petitions are, in fact, offshoots of two previous writ petitions, namely, W.P.(C) 2779/2006 and 6578/2007, which involved the parties to the present proceedings.

2. In order to correctly appreciate the background in which the present writ petitions have come to be filed and call for this Court's decision, a careful analysis of the events of the past, which had given rise to the previous writ petitions, is imperative.

BACKGROUND FACTS:

(i) Having noticed that the Railways had been adopting different terms and conditions, while giving contracts for washing of bedroll items and no standard terms and conditions of tenders had been formulated, Railway Board, constituted under the Indian Railway Board Act, 1905, issued the Commercial Circular No. 3/03, on 24.01.03, laying down the terms and conditions in respect of award of contracts for washing and cleaning of bedrolls, etc. By the said Circular, the Railway Board has laid down the tender procedure, which contains two bid system, for awarding contracts, namely, technical-cum-commercial bid and price bid. It has also laid down the eligibility conditions, which read as follows:

1. Eligibility Conditions: The following eligibility conditions should be included in the tender conditions:

(a)(i) The firm should be well established in the field of professional Washing and cleaning services of linen.

(ii) Only experienced and qualified firms having proven credentials of problem is hed performance in reputed major establishments for similar work should apply along with supporting documents.

(iii) The tenderer must have completed at least one work of similar nature, valuing not less than one-third the estimated cost of this work in any period of 12 calendar months in last 3 years. Alternatively the aggregate value of works of similar nature executed in a period of 12 calendar months in last 3 years should not be less than 50% the estimated cost of this work. This evaluation should be done on the basis of payments received for the corresponding period in respect of work/works of similar nature. For this purpose the tenderers are required to furnish the necessary details duly attested by the concerned office/department.

(iv) The firm should have sound financial capability. The firm shall submit a solvency certificate from a Nationalised or Scheduled Bank for an amount not less than 1/4th of the estimated cost of this work.

(v) The annual Turnover: The annual turnover of the tendering firm in last 3 years shall not be less than one and a half time the estimated cost of this work as per ITCC to be submitted along with this tender.

(vi) The tenderers will submit with the tender details of machinery/plant and other credentials as per Annexure-2 enclosed. Railway Administration, if so feels shall inspect the infrastructure and facilities available with the firm so as to assess the capability of the firm to execute the work successfully.

(b) The tenderer must give all the required documents as per tender notice. Eligibility of the firm must be attached along with the tender documents. If the tenderer does not fulfill the eligibility conditions mentioned above, the offer would be summarily rejected.

(ii) Basing on the representations, which were received from various Railways regarding difficulties being faced by them, due to local conditions and infrastructural deficiencies, in implementing the instructions contained in the Railway Board's said Circular, dated 24.01.2003, the Railway Board, having thought it fit that some modification to its earlier Commercial Circular No. 3/03, dated 24.01.03, were necessary in respect of the terms and conditions of the contracts for linen washing/cleaning of bedroll, etc, issued a modi