1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.1814 OF 2008 (Siddheshwar Sevabhavi Sanstha vs. State and another) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND SMT. VASANTI A. NAIK, JJ. DATED : APRIL 24, 2008 Heard Shri Puri, learned Counsel for the petitioner. In the present petition, the grievance of the petitioner is in respect of tender notice published on 6.4.2008, which is annexed with the petition. Shri Puri, learned Counsel for the petitioner, states that eligibility criteria mentioned in the said tender notice is unreasonable and, therefore, cannot be sustainable in law. It is submitted that the said tender condition reads thus : “The Organization should be a charitable/non- profit making/Non-Government Organization duly registered for not less than 10 years.” 2 It is contended that period of ten years is most unreasonable because the nature of work required to be performed under the tender is such which requires expertise in the said field rather than duration of registration as Non-Governmental Organization/Charitable Organization. It is, therefore, contended that above referred eligibility criteria being unreasonable may be either modified or struck down. We have considered the contentions canvassed by the learned Counsel for the petitioner. At the outset we must express that the Department/Body, which floats the tender, has domain and jurisdiction to formulate appropriate eligibility criteria considering nature of work stipulated in the tender document. Condition in the tender document requires that Organization should have at least 8-10 years of record of accomplishment of having undertaken such work with various State Governments. Considering the nature of work required to be done under tender, the aforesaid condition of ten years appears to be consistent with the object for which tender is floated, apart from the fact that 3 the Organization, which floats the tender, is competent to impose such conditions, which are necessary for the purpose of achieving the objective of the tender. The petition suffers from lack of merit and hence, same is dismissed. JUDGE JUDGE khj