In tender matters, judicial review is limited to cases of patent arbitrariness, malice, or perversity, and conditions set by the contracting authority should not be interfered with without substantial grounds of unfairness.

JUDGMENT :

ASHUTOSH KUMAR, J.

1. The present petition has been filed by the petitioner-firm seeking following reliefs:-

"It is, therefore, most humbly prayed that your Lordships may graciously be pleased to call for the record, examine the same, and accept and allow this writ petition, and may kindly-

(i) by issuing an appropriate writ, order or direction quash and set aside the impugned Pre-Qualifying Requirement Clause (Para-7) in Tender Notice No. TN/STPS-SC/2025- 26/239(CHP) dated 19.07.2025 (Annexure-2) to the extent it mandates experience only in single contract of similar work and the biennial contract shall be treated equivalent to two annual contract of 50% contract value.

(ii) Further direct the respondents to suitably amend the tender condition to permit participation of bidders having aggregate experience of similar works in more than one contract;

(iii) Direct the respondents that the bid of the petitioner shall not be rejected solely on the ground that it lacks a single-contract performance certificate of one year having aggregate value;

(iv) Any other appropriate order or direction which the Hon'ble Court deems fit and proper may kindly be passed in favour of the petitioner;

(v) Cost of the writ petition may kindly be awarded to the petitioner."

2. As per brief facts of the case, the petitioner is a 'proprietorship firm' engaged in providing skilled, semi-skilled and unskilled manpower for various categories of work and its primary function is placement and supply of manpower for diverse projects undertaken by government and semi government organisations. The petitioner-firm has an experience of executing multiple contracts of similar nature for various thermal power stations and Public Sector Undertakings. The respondents floated a Tender Notice dated 19.07.2025 for hiring placement agency for providing skilled, semi-skilled and unskilled manpower for the work of complete operation, maintenance and housekeeping of automated Programmable Logic Controllers based coal handling plant at SSCTPS, Suratgarh, including Wagon Unloading, Operation and Maintenance of heavy machineries, locomotives and other equipments such as electrical and C&I works of CHP area and other related works as specified in the scope of work. The estimated cost of the said project was about Rs.27.52 crores. According to the petitioner-firm, the respondents have made a requirement in the Impugned Tender Notice dated 19.07.2025 i.e. Pre-Qualifying Requirement (hereinafter referred to as ‘PQR’) which is arbitrary, unreasonable and discriminatory in nature. The petitioner-firm has challenged the condition contained in Para 1 and the definition of similar work as provided in Para 2 of the impugned Tender document and Clause 4 under the Note Clause, which restricts eligibility only to those bidders, who have executed similar work in a single contract of prescribed value in one year during the last 7 years.

3. Learned counsel appearing on behalf of the petitioner-firm argues that the PQR Clause, as mentioned in the aforesaid impugned Tender Notice, requires the bidders who have executed similar work only in single contract for one year of the specified value, is arbitrary, discriminatory and violative of the principle of level playing field and such condition is also arbitrary to the object and spirit of the Rajasthan Transparency in Public Procurement Act, 2012 (hereinafter referred to as the ‘Act of 2012’) and the Rajasthan Transparency in Public Procurement Rules, 2013 (hereinafter referred to as the ‘Rules of 2013’), which mandates transparency, fairness, equitable treatment of bidders, promotion of