CW 7536/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.7536/2010 Marudhar Ceramics (P) Ltd Versus State & Ors Date of Order ::: 25/05/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Mahendra Singh, for petitioners Instant petition has been jointly filed by petitioners-Companies engaged in business of manufacturer & supply of ceramics products including insulators assailing communication dt.19/04/2010 (Ann.7) granting temporary relaxation to the supplier on the premise that Central Power Research Institute (CPRI) is not in a position to conduct steep wave front test for next 3-4 months. It appears from the record that Notice Inviting Tender (NIT) dt.28/02/2009 was issued by respondent-2 for supply of 11-KV Disc Insulators with ISI specifications with a last date to furnish tenders on or before 16/03/09 upto 2.30 p.m. However, the respondents issued corrigendum dt.02/04/2009 (Ann.4) making amendment in specifications for purchase of 11-KV, 45KN Disc Insulator T&C and B&S against tender notice (TN-4220). Such corrigendum was challenged by petitioner by way of CWP- 397/2009, in which the reply has been filed by respondents and is pending consideration. However vide letter dt.19/04/2010 the respondents informed their supplier M/s Aditya CW 7536/10 //2// Birla Insulators who appears to be the bidder & whose final bid was accepted with reference to TN-4220 that since CPRI is not in a position to conduct the steep wave front test for next 3-4 months; as such alternative arrangements were allowed to be made as temporary measurements. Counsel submits that respondents vide communication dt.19/04/2010 for all practical purposes waived the condition of conduct steep wave front test through CPRI Bangalore; whereas petitioners who were also interested to participate in reference to TN-4220 dt. 28/02/2009, in fact have been deprived of fair participation in tender proceedings; inasmuch as after issuing NIT (TN-4220) dt.28/02/2009, respondents at the first instance made amendment in specifications vide corrigendum dt.02/04/09 (Ann.4) so as to curtail a number of bidders and later on, waived the conditions vide communication dt.19/04/2010; and by this indirect method, respondents have been able to pick & choose the supplier of their choice; and such action is wholly arbitrary and in violation of Art.14 of the Constitution. Submission made by Counsel is wholly without substance for the reason that the amendment in specifications made by respondent against tender notice (TN-4220) vide corrigendum dt.02/04/2009 (Ann.4) is already a subject mater of challenge in CWP-397/2009, as CW 7536/10 //3// alleged by petitioners, and the effect of amendment in specifications (supra) will be examined by this Court in pending CWP- 397/2009. As regards further communication dt. 19/04/2010, it does not in any manner adversely affect rights of petitioners so as to assail by way of separate petition. In the opinion of this Court, communication dt. 19/04/2010 does not give any fresh cause of action; hence, this Court is not inclined to entertain instant petition. Consequently, writ petition fails and is hereby dismissed. However, petitioners will certainly be at liberty to bring communication dt.19/04/2010 on record in pending CWP- 397/2009, if so advised. (Ajay Rastogi), J. K.Khatri/p.3/ re-dictated on 26/05/10/ InduJanjani7536CW2010May25Ds.doc