JUDGMENT :

1. Though the instant petitions were heard separately and on different dates, but looking into the commonality of the issues involved in all the present petitions by the petitioners-Firms, notwithstanding the marginal variation in the contextual facts, they are being decided by this common judgment.

1.1. For the purpose of the present adjudications, the facts are being taken from the above-numbered S.B. Civil Writ Petition No.9818/2021, while treating the same as a lead case.

1.2. The present petitions under Article 226 of the Constitution of India have been preferred claiming, in sum and substance, the following reliefs:

It is therefore humbly prayed that this petition for writ in the nature of mandamus may kindly be allowed and by an appropriate writ order or direction:

i) The condition No.5 of clause II which was referred in tender bid document heading as THE CLAUSE, TERMS & CONDITIONS requiring that the Bidder should have work orders of minimum Rs.50 Crores for supply of items mentioned in Bid at District/Tehsil/Gram Panchayat/FPS level in minimum 3 districts of any State Government Department(s)/Govt. Institution(s) in last three preceding years may kindly be declared illegal and the same may kindly be quashed and set aside.

ii) Further, condition No.4 of clause II which referred in tender bid document heading as THE CLAUSE, TERMS & CONDITIONS requiring that the Bidder should have Average Annual Turnover of 60% of the total estimated cost of the quantity in the bid document may kindly be declared illegal and the same may kindly be quashed and set aside.

iii) the respondent authorities may kindly be directed to accept the tender bid of all the bidders, while rescheduling the date at least by extending it by 7 days with amended conditions as aforesaid.

iv) The tender bid application of the petitioner may kindly be accepted and examined without insisting upon the requirement referred in condition No. 15 of clause II.

v) In the alternative, the respondent authorities may kindly be directed to cancel the tender process and re-initiate the same while deleting the condition of work order of Rs.50 Crores in three districts of the State of Rajasthan, to ensure maximum participation.

vi) If during pendency of the writ petition, the tender process is completed, the same may kindly be quashed and set aside and the respondent may kindly be directed to invite fresh tender bid while waiving off the aforesaid conditions No.4, 5 & 15 of clause II of the tender bid document.

vii) Any other writ or direction, that may be deemed fit, just and proper, in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

viii) Costs of the writ petition may also be awarded to the petitioner.

2. Briefly put, the State of Rajasthan launched “Mukhyamantri Nihshulk Annapurna Food Packet Scheme” (in short, ‘Scheme’) for supply of high quality branded food items [with FSSAI/BIS/Agmark/HACCP/FPO etc. certification(s)] in a sealed carry bag at all FPS Shops, including GSS & KVSS working as FPS in every district in the State of Rajasthan. In pursuance of the Scheme, the District Collector of each district in the State published tender notice inviting E-bid applications for supply of certain food commodities i.e. sugar, edible refined oil, coriander powder, and so on. The petitioner-Firm, being involved in the business of trading and supply of food items, participated in the tender process, for District Jalore, in pursuance of an interim order passed in the above-numbered S.B. Civil Writ Petition No. 9818/2023 (lead case). However, the petitioner is aggrieved of the conditions no.4 & 5 of Clause II of the Notice Inviting e-Bid; apart therefrom, certain petitioner(s) herein is aggrieved of condition no.15 of the said Clause II.

For ready reference, the aforesaid conditions no.4, 5 & 15 are reproduced as hereunder:

“II. THE CLAUSES, TERMS AND CONDITIONS ARE FOLLOWS:

. . . . . . . .

4. Bidder should have Average Annual Turnover of Rs.67.1