IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 1741 of 2008(G) ------------------------- PETITIONER: ------------ B.ANILKUMAR, ANIL AGENCIES, 'ASOKA BHAVAN', CHIRAYINKIL ROAD, ATTINGAL 695101. BY ADV. SRI.P.R.VENKETESH SRI.T.R.RAJAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, PUBLIC WORKS (NATIONAL HIGHWAY) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDING ENGINEER, NATIONAL HIGHWAY, SOUTH CIRCLE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 1741 of 2008 ------------------------------------- Dated: January 15, 2008 JUDGMENT The challenge in this petition is against the tender condition providing that the tenderer should have a minimum of one year experience of the same nature of work (toll collection) worth Rs.64 lakhs for a single work from 2000-01 onwards. It is this condition of the tender that is challenged as unfair, arbitrary and unsustainable. 2. Petitioner admits that he does not satisfy the tender condition. 3. When a tender is invited, it is essentially for the party inviting tender to fix the pre-qualification norms. This being in the realm of contract, the scope of interference is very limited and, in fact, the Supreme Court has held in Air India Ltd. v. Cochin International Airport - 2000 SC 801 that being in the realm of contract, tender conditions are not subject to judicial purview. If that be so, unless the petitioner is able to satisfy that there is any WP(C) 1741/2008 Page numbers arbitrariness or mala fide in the tender condition, it is beyond the scope of judicial purview. 3. Petitioner only submits that it is unfair and unnecessary to impose a condition as the one imposed in the tender notice. I am not in a position to agree with the counsel. As already noticed, since the tenderer has decided the requirement of such a condition and in the absence of any mala fide reason vitiating the same, the writ petition is only to be dismissed and I do so. ANTONY DOMINIC, JUDGE mt/-