In the both these writ petitions, the challenge is against the award of licence to M/s. Hotel Royal, of which the 4th respondent is the Managing Partner, to run a mobile catering service to Train No.2617/18 Mangala Lakshadweep express running between Ernakulam and Nizamuddin, pursuant to notification inviting tenders for the purpose. In W.P.(C) No.11667/2006, the petitioner is one of the partners of a firm, which also participated in the tender proceedings. The petitioner in W.P.(C) No.13847/2006 is another tenderer. Since the reliefs prayed for, in both these writ petitions are identical, these writ petitions are being heard and disposed of together by this common judgment. For convenience the averments and exhibits are referred to in this judgment with reference to the pleadings in W.P.(C) No.11667/2006.

2. The contention of the petitioner is that since M/s. Hotel Royal, which claims to be a partnership firm represented by the 4th respondent, does not satisfy the eligibility conditions prescribed in Ext.P1 notification inviting tenders, the pre-qualification of the said firm is illegal and unsustainable and therefore their price bid ought to have been rejected. Accordi