IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 21483 of 2011(I) -------------------------- PETITIONER(S): ------------------------ M.P.SARASAN, AGED 54 YEARS, MEKKEVELIYIL HOUSE, UDAYAMPEROOR KARA, NADAKKAV P.O., KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.S.BABU SMT.N.SUDHA SRI.BABU SHANKAR RESPONDENT(S): ------------------------- 1. SOUTHERN RAILWAY, HEAD QUARTERS OFFICE, PARK TOWN, CHENNAI-600 003., REPRESENTED BY IT'S GENERAL MANAGER. 2. THE SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY, THYCAUD, THIRUVANANTHAPURAM-695 014. 3. THE DIVISIONAL RAILWAY MANAGER (COMMERCIAL), SOUTHERN RAILWAY, OFFICE OF THE DIVISIONAL RAILWAY MANAGER, THYCAUD, THIRUVANANTHAPURAM-695014. 4. UNION OF INDIA, MINISTRY OF RAILWAYS, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEAD QUARTERS OFFICE, PART TOWN, CHENNAI- 600 003. 5. MR.C.RAVEENDRAN, S/O.LATE C.KUTTIKRISHNAN, CHIRAKKAL HOUSE, VILAYOOR P.O., PATTAMBI VIA, PALAKKAD DISTRICT, PIN 679 309. SRI.MOHAMMED SHAFI, SC FOR RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.21483/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE PHOTOSTAT COPY OF THE TENDER NOTIFICATION PUBLISHED BY THE 2ND RESPONDNET IN MALAYALA MANORAMA DAILY DATED 21.5.2011. EXT.P2: TRUE PHOTOSTAT COPY OF DEMAND DRAFT NO.821267 DATED 13.6.2011 OF UNITED BANK OF INDIA, TRIVANDRUM BRANCH IN FAVOUR OF SENIOR DIVISIONAL FINANCE MANAGER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM. EXT.P3: TRUE PHOTOSTAT COPY OF CUMULATIVE TERM DEPOSTI RECEIPT DATED 13/6/2011 FOR RS.5,78,020/- ISSUED BY UNITED BANK OF INDIA, ERNAKULAM BRANCH. EXT.P4: TRUE PHOTOSTAT COPY OF THE TENDER SUBMITTED BY THE PETITIONER. EXT.P5: TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 26/7/11 SUBMITTED BY THE PETITIONER. EXT.P6: TRUE PHOTOSTAT COPY OF RECEIPTOF ACKNOWLEDGEMENT OF 1ST RESPONDENT. EXT.P6(a): TRUE PHOTOSTAT COPY OF RECEIPT OF ACKNOWLEDGEMENT OF 2ND RESPONDENT. EXT.P6(b): TRUE PHOTOSTAT COPY OF RECEIPT OF ACKNOWLEDGEMENT OF 3RD RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 21483 OF 2011 ===================== Dated this the 10th day of August, 2011 J U D G M E N T Petitioner approached this Court challenging the award of contract to the 5th respondent. It is seen that the respondents invited tenders for collection of parking fee of vehicles parked in the parking areas of Ernakulam Town Railway Station. The 5th respondent was the highest bidder. According to the petitioner, in view of Clause 2 of Ext.P4 tender, 5th respondent being affected by paralysis is ineligible. Therefore, he submitted Ext.P5 representation. Ext.P5 was not acted upon. That led the petitioner to file this writ petition. 2. Clause 2 of Ext.P4 relied on by the petitioner reads as under:- “I state that I am ......years old (state age) and I am physically and mentally fit to man the cycle/Scooter/Motor Cycle/Car park stand at ...................................Railway station to the entire satisfaction of the Railway Administration”. 3. The work in question is manning of the cycle/scooter/motor cycle/car parking stand at the Ernakulam Town Railway Station. Clause 2 only says that the tenderer should be physically and mentally fit to man the parking stand to the WPC No. 21483/11 :2 : satisfaction of the railway administration. The case of the petitioner is that the 5th respondent is affected by paralysis and is deaf. 4. Apart from the fact that the petitioner has not produced any material to substantiate his contention, in my view, absolute fitness of a wrestler is not what is prescribed by Ext.P2 and what is required is that the man should be sufficiently fit to discharge the work he has undertaken. When the railways are satisfied that the 5th respondent satisfies the said requirement, I do not think this Court should sit in judgment over such a bonafide decision of the railways and interfere with the same. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp