IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 17325 of 2008(K) -------------------------- PETITIONERS: ----------------------- 1. ADITHYA SECURITIES LTD., REP. BY ITS PRESIDENT, K.M. ALIYAR, KOCHUVEETTIL, ADITHYA SECURITIES, KANJIKUZHI, IDUKKI. 2. MALANADU LABOUR CONTRACT SOCIETY, REP. BY ITS PRESIDENT, REJI JOHN, THERUVATH HOUSE, MANNAMKANDAM.P.O, KANJIKUZHI, IDUKKI. BY ADV. SRI.DILIP MOHAN RESPONDENTS: ------------------------ 1. KERALA STATE ELECRTRICITY BOARD, REP. BY ITS CHIEF ENGINEER (CIVIL), PATTAM, TRIVANDRUM. 2. ASSISTANT EXECUTIVE ENGINEER, K.S.E.B DAM SAFETY SUB DIVISION NO.1/11, EDAMALAYAR. 3. THE DEPUTY CHIEF ENGINEER, K.S.E.B CIVIL CIRCLE, KOTHAMANGALAM. 4. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (SAINIKI WELFARE), TRIVANDRUM. 5. KERALA STATE EX-SERVICEMEN LEGUE, ADAM STORE COMPLEX, THODUPUZHA, REP. BY ITS PRESIDENT. BY ADV. SRI. P.P. THAJUDEEN, S.C. GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 17325 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 11th June, 2008. J U D G M E N T Petitioners aspire to take part in the tenders quoted by the 1st respondent for the purpose of engaging security guards in the offices of the 1st respondent. The petitioners submit that they employ Ex- servicemen recognised by Zila Sainik Board and therefore by virtue of Ext. P2 as clarified by Ext. P3, their tenders are also eligible to be considered. They would also submit that their rates are much lower than those quoted in the tender accepted by the Board. The petitioners therefore seek the following reliefs: “(A) To call for the records leading to Ext. P2 and to quash the same by issue a writ of certiorari or any other appropriate Writ, Direction or Order. (B) issue a Issue a writ of mandamus or any other appropriate writ, direction or order, directing respondents 1 to 3 to award the tender No. 9/RSSD2/IDK/08-09, tender No. 10/RSSD2/IDK/08-09, Tender No. 11/RSSD2/IDK/08-09, Tender No. 12/RSSD2/IDK/08-09 and Tender No. 2/AEE/RS1/IDR/08-09 to the petitioners. (C) Direct the respondents not to finalize the tenders and further not to award the tender to the 5th respondent since they quoted above the estimate rate.” 2. The entire contentions of the petitioners are based on Ext. P3. Even assuming that Ext. P3 can be applied without sanction of the Government for which the Board has applied for, that can only be in respect of Ex-servicemen Group Societies recognised by the Zila Sainik Board. Admittedly, the petitioners are not societies recognised by the Zila Sainik Board. That being so, even assuming that Ext. P3 applies, the tenders submitted by the petitioners are not eligible to be considered. Therefore, there is no merit in the writ petition and accordingly, the same is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.