Education Officer (Primary), Osmanabad VS. Mohammed & Ors

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Education Officer (Primary), Osmanabad VS. Mohammed & Ors

The Judgement Information System CASE NO.: Appeal (civil) 2227 of 2008

PETITIONER: S.S. & Company RESPONDENT: Orissa Mining Corporation Limited DATE OF JUDGMENT: 28/03/2008

BENCH: H.K.Sema & Aftab Alam JUDGMENT: J U D G M E N T

[arising out of SLP (C) NO.12003/2007]

WITH

CIVIL APPEAL NO. 2228 OF 2008

[@ SLP (C) NO.12008/2007]

M/s.Faridabad Gurgaon Minerals Versus Orissa Mining Corporation Limited REPORTABLE

AFTAB ALAM, J.

Leave granted in both the matters.

These two appeals, taken together for the sake of convenience, question the validity of two different clauses in the eligibility criteria in a Notice Inviting Tenders (NIT), issued by the respondent-Orissa Mining Corporation Limited (hereinafter referred to as the Corporation). The appellants in the two appeals make a grievance that the two clauses were designed to exclude them from consideration. They first went to the High Court of Orissa challenging the validity of the clauses and the rejection of their respective tenders on that basis. M/s.

S.S. & Company challenged the validity of Clause 8(i) of the NIT in W.P.(C) No.7001/2007, (giving rise to SLP (C) No.12003/2007). M/s.Faridabad Gurgaon Minerals challenged Clause 8(vii) of the NIT in W.P. (C) No.7002/2007, (giving rise to SLP (C) No.12008/2007).

A Division Bench of the High Court by separate judgments, dated July 12, 2007 dismissed both the writ petitions. The judgments of the High Court are brought in appeal before this Court.

The appellants in each of the two appeals are proprietorship firms owned and controlled by a father and son duo and the controversy in the two cases relates to the grant of contract for raising, calibration and transport of iron ores at Daitari Iron Ore Mines of the respondent-Corporation.

The Corporation issued NIT No.16 on November 11, 2004 for grant of contract for raising, calibration and transport of iron ore at Daitari mines for a three year period. Here, it may be noted that in NIT 16 sub-clauses (i) and (vi) of Clause 8 relating to eligibility criteria were as follows:- 8. The eligibility criteria of the tenderers shall be as follo...

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