1. The backdrop of the present writ petition is of the respondent-State issuing an NIT inviting bids for implementation of High Security Registration Plates (“HSRP”) Scheme introduced vide amendment made under Rule 50 of the Central Motor Vehicles Rules, 1989 and the HSRP Order of 2001 issued by the Central Government. The said HSRP Scheme contemplates that the present system of Archaic Number Plates are replaced with the HSRP which have the Modern Security Features not available in the Archaic Number Plates, viz:-

(a) Hot stamped Chromium based Hologram.

(b) Permanent consecutive identification number of minimum 7 digits.

(c) ‘IND’ in blue colour.

(d) Non-removable snap lock

(e) Third Registration Plate on the top left hand corner of the three/four wheeler widescreen.

(f) Hot Stamping INDIA inscript Film.

2. The tender notice dated 30/05/2017 required the bidder to implement the project by establishing necessary infrastructure for the issuance and fixing of HSRP. The bid was required to be submitted on-line in electronic format consisting of technical and financial proposal. The provisions of the Rajasthan Transparency in Public Procurement Act, 2012 (hereinafter referred as “RTPP Act”) were made applicable for the procurement and the Rules famed thereto were to prevail. The bidder could be an individual, firm, company, corporation, a joint venture or consortium with qualifications both technical and financial as laid down in the bid document.

3. The petitioner No.1-M/s. Real Mazon India Ltd. states that earlier they had been awarded tender vide agreement dated 16/05/2012 for implementation of the HSRP Scheme in compliance of the orders passed by the Supreme Court in Maninderjit Singh Bitta’s PIL i.e. Writ Petition (C) No.510/2005. It is stated that they implemented the Scheme during its contractual period from May, 2012 to May, 2017 and were granted extensions upto the award of fresh contract.

4. Petitioners had approached this Court alleging tailor made conditions in the subsequent corrigendum issued to the NIT on 30/06/2017 vide S.B. Civil Writ Petition No.10921/2017. During the pendency, the petitioners had participated in the tender as a consortium and the prequalification bid had taken place and this Court has noted that the firm had not been disqualified. The petitioner-firm had apprehended that it shall be ousted in the technical bid but as there was no such basis, the writ petition was disposed of by passing following order on 18/08/2017:-

“Thus, present writ petition is disposed of with liberty to the petitioner-firm to take remedy that if any adverse order is passed, however, the respondents would also be expected to consider every bid as per the conditions given therein.”

5. It is stated that immediately after disposal of the said writ petition, the petitioners were declared disqualified on technical ground vide e-mail sent to them on 18/08/2017. SB Civil Writ Petition No.14242/2017 challenging the rejection order dated 18/08/2017 was preferred and the bid was rejected pointing out several deficiencies and also on account of Clause 1.5.3.1 treating the petitioners to be participating as a Joint Venture.

6. The learned Single Judge, after hearing, did not accept contention of the petitioners and dismissed the same vide order dated 05/09/2017. DB Special Appeal (Writ) No.1325/2017 was filed and the respondent no.3- Celex Technologies Private Limited, which had been awarded the contract, was directed to be impleaded as a party. After hearing the parties, the Division Bench decided the appeal and passed following order vide order dated 02/11/2017:-

“The submission made in reference to R.68 of the Rajasthan Transparency in Public Procurement Rules, 2013 or the CVC guidelines, the ld. Single Judge at the stage observed that it was premature because the decision on the selection of single bidder was pending at that time