By the Court.—Heard Shri Navin Sinha, learned Senior Counsel assisted by Shri Rakesh Kumar for the petitioners, Shri Govind Saran for the respondent Nos. 1 to 3 and Shri Ashok Kumar Srivastava for the respondent No. 4.

2. By this petition, petitioners have prayed for quashing the order dated 17.4.2009, by which order the North Central Railway has accepted the tender of respondent No. 4 for supplying stacking and loading in to railway wagon/hoppers/K.C. wagon 60000 Cum machine crushed hard stone ballast 65 mm gauge at MNF depot under ADEN/NCR/MZP.

3. Brief facts necessary for deciding the writ petition are :

Petitioner No. 1 is a registered partnership firm, registered on 18.8.2008. There are three partners in the firm namely, Vijay Kumar Vaish, son of Ramji Vaish having 40% share , Subhash Chandra Vaish, son of Kapoor Chand Vaish having 20% share and Ramji Vaish, son of Kapoor Chand Vaish having 40% share. Out of the aforesaid three partners, two partners namely Subhash Chandra Vaish and Ramji Vaish are also partners of another firm namely M/s Subhash Stone Product. Divisional Railway Manager, North Central Railway, Allahabad issued an advertisement dated 9.7.2008 inviting tender for the supply of stacking and loading into railway wagon/hoppers/K.C. wagon 60000 Cum machine crushed hard stone ballast 65 mm gauge at MNF depot under ADEN/NCR/MZP for an amount of Rs. 423 Lacs. Petitioners as well as the respondent No. 4 submitted their tenders for the aforesaid work. The rates quoted by the petitioners for the tender was Rs. 911 per Cubic Meter. The respondent No. 4 had quoted the rates of 945 per Cubic Meter which on negotiation was reduced up to 911.70 per cubic meter. The North Central Railway accepted the tender of the respondent No. 4 and a letter dated 17.4.2009 (Annexure-8 to the writ petition) was issued in this regard. The petitioners have come up in this writ petition challenging the decision of the North Central Railway accepting the tender of the respondent No. 4.

4. Counter affidavit and Supplementary Counter Affidavit has been filed by the North Central Railway alongwith which the proceedings of Tender Committee dated 30.3.2009 has been brought on the record which records the reason for not treating the tender of M/s Vijay Stone Product as valid. In the proceedings it was mentioned that the M/s Vijay Stone Product has not supplied any credentials in its name, rather it has submitted credentials of some other firm namely M/s Subhash Stone Product, Sonebhadra of which two partners are the partners in the present firm. Referring to Note No. 13 of the Schedule of Rate and Quantity to the effect that “Credentials in the name of firm applying for the work will only be considered”. The credentials given of another firm are not acceptable. In the counter affidavit, it has been stated that the minimum eligibility as laid down in the Clause 7of tender notice is not fulfilled by the petitioners, hence the tender has not rightly been considered. It is submitted that M/s Vijay Stone Product had not completed one similar single work for a minimum value of 35 per cent of the advertised tender value in the last 3 financial years and further the contract amount during the last 3 financial years of the petitioner is not to the extent of 150 per cent of the advertised tender value.

5. Rejoinder affidavit and supplementary rejoinder affidavit has been filed by the petitioners whereby the petitioners have reiterated that the petitioners are eligible for the experience of its two partners who were also partners in the M/s Subhash Stone Product, cannot be ignored nor the certificates given in the name of M/s Subhash Stone Product regarding single work of more than 35 percent of the tendered amount and further having received the contract amount of more than 150 per cent of the advertised tender value by M/s Subhash Stone Product could not have been ignored.

6. Shri Navin Sinha, learned Senior Counsel for the petitioners challenging