SANJEEV PRAKASH SHARMA, J.

1. Both these writ petitions raise common questions and seek to assail, inter-alia, the notice inviting bid dated 11/07/2018 floated by the Rajasthan State Warehousing Corporation (for short, 'RSWC') under Public Private Partnership Mode for providing warehouse management services on revenue share basis for a period of ten years for RSWC owned and leased warehouses in the State of Rajasthan at the locations mentioned therein. Since the respondents have entered into caveat and requested that the case may be heard at this stage, they were given time to complete their pleadings. The respondents had extended the last date for filing of the bids at their own upto 24/08/2018. As the arguments were in progress, the last date for submitting bid forms has been extended upto 31/08/2018 as informed to this Court.

2. Before adverting to the points in issue, it would be appropriate to first note certain facts for disposal of the writ petitions.

3. The RSWC, a public sector undertaking of the State of Rajasthan, is engaged in providing storage and preservation services, warehousing, scientific storage services, acquiring land for construction of godowns and allied commercial activities.

4. For the purpose of management and operation of warehouses of the RSWC, it had entered into a Memorandum of Understanding (MOU) with the petitioner Shri Shubham Logistics Limited (for short, 'SSLL') for providing facilities to farmers, traders and other trade participants relating to agri and non-agri commodities and for providing better storage facilities for farmers, traders and other trade participants. It was also for facilitating, availability of finances and evolve functional models for the purpose of development of an efficient warehousing system. The MOU was for a period of five years which has been increased for another period of five years and is in existence with the petitioner SSLL.

5. The impugned notice inviting bid was issued by the RSWC on 11/07/2018. However, corrigendum was issued on 12/07/2018 stating certain inadvertent typographical mistakes and a fresh bid document duly correct was issued whereby in the disclaimer it was mentioned that the NIT was neither an agreement nor an offer by RSWC to the prospective bidder or any other person. The issue of the NIT does not imply that RSWC was bound to select any offer or award any work to bidder and reserves the right to reject all or any of the bidder without assigning any reasons whatsoever.

6. In the general clause, the RSWC stated that it was inviting tenders from eligible bidders for providing warehousing management services on revenue sharing basis as noted above. The prime object was that both the parties i.e. the RSWC and the contractor will work together towards providing various facilities to farmers, traders and other trade participants in relation to the agri/non-agri/commodities and to provide better storage facilities to farmers and traders and other trade participants and to facilitate availability of finance and evolve functional models for the purpose of development of an efficient warehousing system.

7. The eligibility criteria laid down in bid document needs to be noted as under:-

Clause 5

S. No.	Eligibility Criteria	Documents required
1	The Bidder shall have an experience not less than 5 years ending 31st March 2018, in the field of providing warehousing services preferably for agri-commodities.	Registration certification of the firm/Partnership deed/Certificate of incorporation, etc., as applicable
2	The bidder shall be a proprietorship/ as applicable partnership firm Or Limited Co. OR Private Limited Co., having a registered establishment in India
3	The minimum average annual turnover of the bidder from Post-harvest Management services for last three financial years,