IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WA.No. 2605 of 2007 --------------------------- AGAINST THE JUDGEMENT IN WPC.27443/2007 Dated 27/09/2007 .................... APPELLANT/PETITIONER ------------------------------------ KERALA CIVIL AVIATION GENERAL WORKERS' CO-OP. SOCIETY LTD.NO.T.707, THIRUVANANTHAPURAM-8, REP. BY ITS CHAIRMAN. BY ADV. SRI.P.BABU KUMAR RESPONDENTS/RESPONDENTS ------------------------------------------- 1. UNION OF INDIA, REP. BY ITS SECRETARY TO CIVIL AVIATION DEPT., CENTRAL SECRETARIAT, NEW DELHI. 2. SENIOR MANAGER, COMMERCIAL, AIRPORT AUTHORITY OF INDIA, TRIVANDRUM INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM. 3. VENPAKAL ADVERTISING COMPANY, DIAMOND HILL, P.B.NO.2241, VELLAYAMBALAM, THIRUVANANTHAPURAM. W.A. NO. 2605/07 4. THE CHAIRMAN, AIRPORT AUTHORITY OF INDIA, NEW DELHI. R1 BY ADVOCATE SHRI ABRAHAM THOMAS. BY ADDL. SOLICITOR GENERAL SHRI P. PARAMESWARAN NAIR R2 & R4 BY ADV. SHRI V. SANTHARAM. R3 BY ADVOCATES M/S. K.P. SATHEESAN, K.K. GOPINATHANA NAIR, M.R. JAYUAPRASAD & SHRI P. MOHAN DAS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, CJ. & K. M. JOSEPH, J. -------------------------------------------------- W. A. NO. 2605 OF 2007 --------------------------------------------------- Dated this the 28th January, 2008 JUDGMENT K. M. JOSEPH, J. Appellant is the writ petitioner. Appellant is a Workers' Co-operative Society dealing with flight handling, baggage loading and unloading and trolley retrieval service of the second respondent from 1978. The appellant/petitioner had approached this Court seeking a mandamus commanding the second respondent to open the price bid of the petitioner Society in the presence of other competitors. There was another prayer to quash the decision taken by the second respondent to award the contract to the third respondent. A declaration also was sought that the petitioner Society is entitled for a preference than a private profit making company. Ext.P3 is the notice inviting tenders in respect of the work of advertisement display business/trolley management services in the Airport. In Ext.P3, the qualification prescribed for grant of the award includes two years experience in advertisement display business/trolley management services at transportation centre like: Airports, Seaports, Railways as whole, bus terminals including bus shelters. It is not in dispute also that the notice inviting the tenders also provides for qualifications in regard to annual turnover. The learned Single Judge found that it is admitted position that the appellant does not possess either the qualification regarding experience or the qualification regarding annual turnover. 2. We heard the learned counsel appearing for the appellant. He would contend that the Society was doing the work for several years and the present condition is incorporated only three years ago. In the matter of awarding contract by the State or the Authorities falling under Article 12, it is settled law that it is obligatory to observe the tender conditions scrupulously unless there exist provisions WA 2605/07 2 enabling relaxation of the conditions. The appellant may have carried out certain works, but it does not satisfy the requirement of tender conditions in the notice inviting tenders. The learned Judge also found that the appellant has not challenged the tender conditions. Once it is found that the appellant does not satisfy the requirements in the notice inviting tenders, it is inevitable that the case of the appellant has to necessarily fail. There is absolutely no error in the order passed by the learned Single Judge. Accordingly, the Appeal is without merit and it is dismissed. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, JUDGE kbk.