IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.16926 of 2010 Date of decision: 21.9.2010 M/s Super Chemicals. -----Petitioner. Vs. State of Punjab & another. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. Kanwaljit Singh, Sr. Advocate with Mr. Harmanjit Singh, Advocate for the petitioner. --- ADARSH KUMAR GOEL, J. 1. This petition seeks quashing of tender condition incorporated in the Schedule of terms and conditions annexed to Tender Notice dated 14.5.2009, Annexure P-2, for supply of laboratory chemicals. The condition which is sought to be challenged is as under:- 1. Only original manufacturers are eligible to quote rates against this tender and should have in- house NABL own laboratory. Tender submitted by dealers agents or middlemen on the behalf of their principal manufacturers will be rejected outrightly”. CWP No.16926 of 2010 2. According to the petitioner, the condition created a monopoly in favour of a manufacturer and the requirement had no nexus with the supply of chemicals. Apart from the settled legal position that tender conditions cannot be challenged except on the ground of illegality or irrationality, as held by the Hon’ble Supreme Court in Tata Cellular v. Union of India, AIR 1996 SC 11 and Global Energy Ltd. v. Adani Exports Ltd. AIR 2005 SC 2653, we find that the petitioner has not put forward its objections sought to be raised in this petition to the concerned respondent which is required to be done before seeking a direction in the nature of mandamus. In absence thereof, we cannot adjudicate on the issue on merits. 3. Learned counsel for the petitioner seeks permission to withdraw this petition with a view to approach respondent No.2 by way of a representation. 4. The petition is dismissed as withdrawn accordingly. If such a representation is made within one week from today, decision thereon may be taken by respondent No.2 within one week thereafter. This order may not be treated as expression of any opinion on merits. (ADARSH KUMAR GOEL) JUDGE September 21, 2010 ( AJAY KUMAR MITTAL ) ashwani JUDGE 2