IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 333 of 2010. Decided on: February 23, 2010 M/s Swati Storwel Pvt. Ltd. ….. Petitioner. Versus State of Himachal Pradesh and others …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. Whether approved for reporting ?1. For the petitioner : Mr. Dushyant Dadhwal, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General with Mr. J.K. Verma, Dy. Advocate General. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The Petition is filed with the following prayers: a) “A writ of Mandamus & Prohibition by directing the respondent No. 1 to 3 not to finalize the rate contract with respondent No.4 who has been called for negotiations for rate of supply of Rotational Moulded Polythene (HDPE) water storage tanks inspite of the fact that respondent No.4 is not eligible as they have not submitted the complete documents as mentioned in the terms and conditions of the tender document. That the respondents no. 1-3 may also be restrained from awarding any rate contract in favour of respondent no. 4, who are not even eligible to participate in the tender 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 process in view of the terms & conditions mentioned in the tender document. b) A writ of Certiorari by quashing the rate contract if any which may be awarded during the pendency of present writ petition before this Hon’ble Court after negotiation with the respondent no. 4 who have been called for this purpose as per the information of the petitioner after a period of almost 5 months in an illegal, arbitrary, unconstitutional & discriminatory manner.” It is stated in the reply affidavit filed by the Additional Director of Industries that the tender will be finalized only in accordance with the tender conditions. Learned counsel for the petitioner submits that all the eligible tenderers must be invited for participation in the price bid. As rightly pointed out by the learned Advocate General, since the tender conditions prescribe the basic procedure, only eligible persons can participate in the tender process. Therefore, all eligible tenderers will be permitted to participate in the tender process. The Writ Petition is disposed of as above. . (Justice Kurian Joseph), Chief Justice February 23, 2010 ( R.B. Misra ), (rks) Judge.