IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 16^TH DAY OF APRIL 2025 / 26TH CHAITHRA, 1947 WP(C) NO. 1108 OF 2025 PETITIONERS:

1 PARECATTIL TRANSPORTS REP BY IT’S MANAGING PARTNER RIMAL VAKKACHAN B NO 13/384A THURAVOOR PO, ANGAMALY ERNAKULAM, PIN - 683572

2 PETRO FUEL LOGISTICS REP BY IT’S MANAGING PARTNER JOY PAUL ROOM NO

7/73A NEDUMBASSERY PANCHAYATH ANGAMALY SOUTH P.O ERNAKUAM, PIN - 683573 BY ADVS. SRI.M.P.ASHOK KUMAR SMT.BINDU SREEDHAR SRI.ASIF N RESPONDENTS:

1 BHARAT PETROLEUM CORPORATION LIMITED REP BY IT’S GENERAL MANAGER-OPS-I/C RETAIL IRIMPANAM BPCL IRIMPANAM INSTALLATION (1301) IRIMPANAM INSTALLATION, SEAPORT AIRPORT ROAD IRIMPANAM PO ERNAKULAM -, PIN – 682309.

2 BHARAT PETROLEUM CORPORATION LIMITED REP BY IT’S PROCUREMENT MANAGER (CPO MKTG.), GROUP-10 CPO-M , SEWREE FORT ROAD, SEWREE(EAST)

MUMBAI , MAHARASHTRA, PIN – 400015.

BY ADVS. SRI.GOPIKRISHNAN NAMBIAR M.

SRI.K.JOHN MATHAI(K/413/1984)

SRI.JOSON MANAVALAN(J-526)

SRI.KURYAN THOMAS(K/131/2003)

SRI.PAULOSE C. ABRAHAM(MAH/58/2006)

SRI.RAJA KANNAN(K/356/2008)

SRI.BENNY P THOMAS, SC SMT.RAMOLA NAYANAPALLY, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2025, THE COURT ON 16.04.2025 DELIVERED THE FOLLOWING:

C.S.DIAS,J -------------------------------------------

W.P.(C) No.1108 of 2025 -------------------------------------------

Dated this the 16^th day of April, 2025

JUDGMENT

Bharat Petroleum Corporation Limited ― the respondents ― had published Ext.P1 tender notification inviting tenders for 229 TOP loading tanker lorries (‘lorries’, in short) for road transportation of bulk petroleum products from their Irumpanam Installation to various locations within and outside the State of Kerala for a period of 5 years. In Ext.P1 notification, reservation is given to persons belonging to Scheduled Caste and Scheduled Tribe communities, and the Micro and Small Enterprise (MSE) category. Within the MSE-Category, there is an additional reservation for SC, ST and women. Under Clause 11.0 of the Ext.P1 notification, 25% of the lorries, i.e. 58 lorries, are reserved for the MSE-Category, out of which ten lorries are reserved for MSE-SC/ST, seven lorries for MSE-Women and forty-one lorries for MSE-Others. In response to Ext.P1 notification, the petitioners submitted their bids. The 1^st petitioner offered four lorries, and the 2^nd petitioner offered eleven lorries. Although under Ext.P1 notification, seven lorries were reserved for the MSE-Women category, only five lorries were allotted under the said category. Therefore, the total lorries for the MSE-Others category increased by two, i.e., 43 lorries. Seventeen bidders participated in the tender under the MSE-Others category. However, the 1^st respondent allotted only one lorry each for all the seventeen bidders under the MSE- Others category, and the remaining 27 lorries were allocated to other bidders who offered the latest model lorries, as per the choice of the respondents. The sub-classification of the lorries based on age is arbitrary and has defeated the object of the principle of the reservation under the Micro, Small and Medium Enterprises Development Act, 2006. Hence, the 1^st respondent is to be directed to equally allocate the 27 lorries to all the 17 tenderers dehors the age of the lorries.

2. The respondents have filed a counter affidavit refuting the averments in the writ petition. They have contended that an alternative mechanism is provided under Clause 32 of Ext.P1 notification. Moreover, the writ petition is bad for the non- joinder of the necessary parties because the petitioners have not impleaded the 18 technically qualified bidders. As per Ext.P1 tender notification, the total requirement of lorries was 189 12KL/14KL capacity lorries and 40 20KL/24KL capacity lorries viz., a total of 229 lorries. The tender was finalised, and letters of intent were issued to the successful tenderers on 27.12.2024, who had executed the agreements with the respondents. The lorr