Deepak Gupta, J.

1. The short issue involved in this petition is whether the respondents could refuse to supply the tender form to the petitioners or not. Briefly stated the facts of the case are that the Executive Engineer, DWS Division, Kalyanpur, PWD, Khowai, Tripura issued a Notice Inviting Tender for various works. The condition relating to sale of tender documents reads as follows:-

"Tender documents shall be issued on Payment of Rs. 500.00 (Rupees five hundred) only in cash (Non-refundable) on any working days as specified above on production of documentary proof of PAN Card, valid PTCC/STCC (wherever applicable), enlistment certificate and licence regarding engagement of workers in the contract work from labour Department, Govt. of Tripura and registration of firm in case of firm and companies along with an application."

2. The case of the petitioners is that they complied with all the conditions contained in the above quoted clause of the Notice Inviting Tenders, but tender was not sold to them by the respondent-Executive Engineer.

3. On notice being issued counter affidavit has been filed on the affidavit of the Deputy Secretary, Government of Tripura and the relev