1. The petitioner prays for the issue of a writ of declaration declaring that the condition imposed by the respondents 2 and 3 in the contract Form Tender dated 11.9.1997 in Ref.E.(M)EE/CHER/F 57 in Schedule ‘A’ special conditions of Tender for supply condition I sub clause (iii) that the Tenderer should have manufacturer and supplied 25 Nos. of similar machines during the last 5 years as arbitrary and imposes an unreasonable restriction on the petitioner and violative and ultra vires of the Constitution and issue other appropriate relief.

2. The Tuticorin Port Trust invited tenders for the purchase of one No. Top Lift Truck Reach Staker with adjustable spreader to handle containers weighing 35T/40t respectively. The petitioner purchased the tender schedule from the 3rd respondent. In terms of the special conditions on tender supply, certain conditions have been imposed by the respondents 2 and 3. Admittedly, the petitioner herein do not possess the stipulated pre-qualifications for submitting the tender.

3. The petitioner challenges the stipulation or conditions prescribed in the qualification to take part in tender. The relevant portion of the tender condition reads thus:

“(i)