IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 34261 of 2009(C) -------------------------- PETITIONER(S): --------------- ATTUKAL SURENDRAN, T.C.NO.22/1062 ROHINI NIVAS, ATTUKAL MANACAUD.P.O., FUNCTIONING AS DISTRICT PRESIDENT SREENARAYANA MAHA SABHA (AN INDEPENDENT HUMAN RIGHTS ORGANIZATION), THIRUVANANTHAPURAM. BY ADV. SRI.VELLAYANI SUNDARARAJU SRI.P.MEENAKUMARI RESPONDENT(S): --------------- THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 34261 OF 2009 -------------------------- Dated this the 14th day of December, 2009 J U D G M E N T By Ext.P1 tender notice dated 18.11.2009, the Director of Public Instruction invited tenders for the sale of used answer scripts. Inter alia it was stipulated therein that tender forms will be only issued only to paper mill suppliers who have registration with the Government and are income tax payees. According to the petitioner, he paid Rs.1,040/- for purchasing the tender documents and the tender documents were issued along with Ext.P2 guidelines for submission of tenders which does not contain any such stipulation. The petitioner contends that the decision taken by the tendering authority to limit the tender to tax payees is arbitrary and discriminatory. The petitioner also contends that the decision to exclude persons like him by stipulating that only paper mill suppliers who have registration with the Government and are income tax payees will be allowed to participate in the tender, is arbitrary. 2. The Apex Court has in Tata Cellular v. Union of India (1994 (6) SCC 651) held that conditions in the tender notice are in the realm of contract and that they are not justiciable. Further this W.P.(C) No. 34261/09 2 Court cannot sit in appeal over the stipulation in the tender notice that only paper mill suppliers who have registration with the Government and are income tax payees can participate in the tender. I therefore find no grounds to entertain this writ petition. The writ petition fails and is dismissed. P.N.RAVINDRAN, JUDGE vps