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2017 Supreme(P&H) 1149

AJAY KUMAR MITTAL, AMIT RAWAL
Yummy Bites – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Harminder Singh, Advocate
For the Respondents:Mr. I.P.S. Doabia, Additional AG, Mr. Annupam Singla, Advocate

JUDGMENT :

Ajay Kumar Mittal, J.

1. This order shall dispose of CWP Nos. 17890, 17892 and 17894 of 2017 as learned counsel for the parties are agreed that the issue involved in all these appeals is identical. However, the facts are being extracted from CWP No.17890 of 2017.

2. Prayer in CWP No.17890 of 2017 filed under Articles 226 and 227 of the Constitution of India is for quashing Clause ‘G’ of the eligibility conditions prescribed in the bid document Annexure P-11 to award the contract for hostel mess and facility shop for meritorious school for Gurdaspur which prescribes that the contractor must have average annual turnover of Rs. 1.50 crores in similar type of work during the last three financial years, as the said condition is unreasonable, arbitrary, irrational, and eliminates fair competition, having no nexus with the object to be achieved. Further, direction has been sought to the respondents to invite fresh tender on the basis of reasonable average annual turnover of the contractor for the last three years.

3. A few facts relevant for the decision of the controversy invo































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