Radhakrishnan, J.

These writ appeals have been preferred by the State of Kerala represented by Secretary to Government, Public Works Department (National Highway), Thiruvananthapuram and the Superintending Engineer, aggrieved by the common interim order, passed by the learned single judge on 8.4.2005 by which learned judge directed the appellants to issue tender forms to all those who intend to bid without insisting on the condition that tender schedule would be issued only to those who have a minimum of one year experience in the same nature of work, worth Rs.25 lakhs for a single work for the last three years preceding the date of tender. Later another learned judge modified the interim order on 30.05.2005 stating as follows:

"It is true, it is for the Government to this court can definitely intefere with such conditions, if they are shown to be irrational and will not serve the purpose for which they are introduced. The admitted purpose for which the impugned condition was imposed, was to safeguard the revenue of the State. I feel that the condition to give bank guarantee for the tender amount will better safeguard the interest of the revenue. Further, the past experience of the contractor committing breach of contract can have nothing to do with his capacity to pay the amount due to the Government.

Learned judge therefore directed the appellants to issue tender forms to the petitioner who are ready to give bank guarantee for the bid amount. Learned judge also made it clear that the bank guarantee for Rs.15 lakhs alone need be given for making the bid and the Bank guarantee for the balance amount need be given only when the work is awarded. Appellants are aggrieved by the modified interim order as well. When the writ appeals filed against the interim order came up for hearing we have called for the writ petitions itself and on consent of parties we heard all the writ petitions.

2. Public Works (National Highway) Department of the Government of Kerala published tender notice dated 11.6.2005 for awarding the work of National Highway 47 Toll Collection of Akkulam Bridge in Thiruvananthapuram-Neyyattinkara Byepass.The E.M.D. to be deposited by the applicant is 4,31,000/- and cost of tender documents is Rs.2,000+St+AST. Last date of receipt of the tender was 29.3.2005. Among the various conditions we are concerned with the following condition.

The tender schedule will be issued only to those who have a minimum of one year experience of the same nature of work, worth Rs.25.00 lakhs (Twenty five lakhs only) for a single work within the last three years, preceding the date of tender. The certificate from the competent authority shall be produced for issue of tender documents.

Writ petitioners are primarily aggrieved by the above condition for the issue of tender documents. Petitioners submit that the above mentioned condition has been stipulated so as to avoid competition and that would not serve the object sought to be achieved by the department. Counsel submitted that the condition that the tender documents would be given only to those persons who have experience of minimum one year of the same nature of work, worth Rs.25 lakhs is an unreasonable condition and would not stand to reason. Counsel submitted that if the purpose of the stipulation is to safeguard revenue of the State, the condition to give Bank guarantee for the tender amount would better serve the interest of the Revenue.

3. Senior Government Pleader appearing for the State, on the other, hand contended that the Government have incorporated the above conditions by gaining experience from the past conduct of work and due to the loss sustained by the Department. Counsel submitted that the conditions stipulated cannot be termed as unreasonable or arbitrary so as to be interfered by this court especially in the absence of any allegation of ill-motive or malafide against the Department.

4. Government in the statement filed in the writ petitions as well as in the grou