1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5168 OF 2009 Moreshwar Suppliers, Jalna, through its Partner .. Petitioner Smt.Pushpa Shalikram Mhaske Versus The State of Maharashtra through the Secretary, School Education and Sports Department, Mantralaya, Mumbai and others .. Respondents Shri V.D.Hon, Advocate for petitioner Shri N.B.Khandare, Govt.Pleader for respondents AND WRIT PETITION NO.5199 OF 2009 Azahar Hussaini s/o Mehmood Hussaini .. Petitioner Versus State of Maharashtra through Secretary, School Education and Sports, Mantralaya, Mumbai 400 032 and others .. Respondents Mrs.A.S.Rasal, Advocate for petitioner Shri N.B.Khandare, Govt.Pleader for respondents CORAM : P.V.HARDAS AND A.V.POTDAR, JJ. Reserved for Orders on : 11.8.2009 Order pronounced on : 16.10.2009 COURT’S ORDER (Per P.V.Hardas, J.) 1. Both these petitions have been filed questioning the tender 2 conditions pursuant to the Govt.Resolution dated 18.6.2009 in respect of tenders for supply of food grains. According to the petitioners, on account of the said Government Resolution certain stringent conditions were imposed which rendered the present petitioners ineligible for submitting the tenders. 2. We have heard Shri V.D.Hon, learned Counsel for the petitioner in Writ Petition No.5168 of 2009 and Mrs.A.S.Rasal, learned Counsel for the petitioner in Writ Petition No.5199 of 2009 in support of the various grounds urged in the petitions. The respondents authorities in their wisdom have imposed certain conditions in respect of the eligibility of the tenderers to participate in the tender process. We have not noticed any arbitrariness in the aforesaid conditions and consequently, this Court would not sit as an appellate Court and substitute its views for that of the authorities. The authorities in their wisdom have imposed certain conditions and unfortunately the petitioners are rendered ineligible. However, in the absence of any charge of arbitrariness being established, this Court would not interfere in the tender process. In that light of the matter, there is no merit in the petitions and the petitions are, therefore, summarily dismissed with no orders as to costs. ( A.V.POTDAR, J.) ( P.V.HARDAS, J.) (vvr/5168-5199.09wp) 3