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