w w w . L a w y e r S e r v i c e s . i n



M/s. Kingdom Protection Services Private Limited, Represented by its Director Reji.K.Rajan v/s The Registrar, Cochin University of Science & Technology, Ernakulam, Kochi & Another


Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

Company & Directors' Information:- S T SERVICES LTD [Active] CIN = L74140WB1989PLC047210

Company & Directors' Information:- G P C TECHNOLOGY LIMITED [Not available for efiling] CIN = L31300DL1980PLC010998

Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U65100DL1989PTC038061

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U74900DL1989PTC038061

Company & Directors' Information:- S J SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1988PTC034427

Company & Directors' Information:- AMP E - SERVICES PRIVATE LIMITED [Active] CIN = U51909MN2013PTC008361

Company & Directors' Information:- E M SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U93090MH2001PTC131924

Company & Directors' Information:- I R TECHNOLOGY SERVICES PRIVATE LIMITED [Active] CIN = U74220MH1977PTC019758

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L51226WB1983PLC035807

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L93000WB1983PLC035807

Company & Directors' Information:- G K SERVICES PRIVATE LIMITED [Active] CIN = U65990MH1994PTC078529

Company & Directors' Information:- A K SERVICES PRIVATE LIMITED [Active] CIN = U74899MH1986PTC268851

Company & Directors' Information:- T R S TECHNOLOGY PRIVATE LIMITED [Active] CIN = U74899DL2003PTC119643

Company & Directors' Information:- B V SERVICES PVT LTD [Active] CIN = U74140WB1991PTC050946

Company & Directors' Information:- I S A SERVICES PRIVATE LIMITED [Active] CIN = U74140JH1995PTC006387

Company & Directors' Information:- E I C SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC022426

Company & Directors' Information:- A C SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070774

Company & Directors' Information:- A 1 TECHNOLOGY PRIVATE LIMITED [Active] CIN = U72200PB2002PTC035548

Company & Directors' Information:- H S SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2014PTC074321

Company & Directors' Information:- D TECHNOLOGY PRIVATE LIMITED [Active] CIN = U01403MH2015PTC268305

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- O P T SERVICES INDIA PRIVATE LIMITED [Active] CIN = U63013DL1996PTC083397

Company & Directors' Information:- P P SERVICES PVT LTD [Active] CIN = U70101WB1991PTC051423

Company & Directors' Information:- A P T SERVICES PRIVATE LIMITED [Amalgamated] CIN = U29219TG1999PTC031903

Company & Directors' Information:- S S SERVICES PVT LTD [Active] CIN = U51109AS1993PTC003956

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- B S TECHNOLOGY PRIVATE LIMITED [Strike Off] CIN = U28990DL2013PTC262594

Company & Directors' Information:- P S TECHNOLOGY PRIVATE LIMITED [Strike Off] CIN = U31902WB1997PTC084379

Company & Directors' Information:- COCHIN CO PRIVATE LIMITED [Strike Off] CIN = U74999KL1963PTC002029

Company & Directors' Information:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- J R S TECHNOLOGY PRIVATE LIMITED [Active] CIN = U74120UP2015PTC074074

Company & Directors' Information:- N B SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056484

Company & Directors' Information:- P C SERVICES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006606

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

Company & Directors' Information:- K & D TECHNOLOGY COMPANY PRIVATE LIMITED [Active] CIN = U72500MP2007PTC019697

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- H AND B SERVICES LIMITED [Strike Off] CIN = U72900MH2004PTC145775

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- E E I TECHNOLOGY PVT LTD [Strike Off] CIN = U31909WB1991PTC053259

Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

Company & Directors' Information:- E M TECHNOLOGY PRIVATE LIMITED [Strike Off] CIN = U74999DL2000PTC105539

Company & Directors' Information:- A. H. SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2009PTC193917

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2009PTC293633

Company & Directors' Information:- R M TECHNOLOGY INDIA PRIVATE LIMITED [Active] CIN = U74999MH2016PTC280859

Company & Directors' Information:- 5 I TECHNOLOGY PRIVATE LIMITED [Active] CIN = U72900UP2016PTC083186

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- U M S SERVICES LIMITED [Active] CIN = U03210TZ1982PLC001208

Company & Directors' Information:- A T E SERVICES LIMITED [Strike Off] CIN = U74140MH2001PTC132923

Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- S B 3 TECHNOLOGY PRIVATE LIMITED [Active] CIN = U72200DL2010PTC209614

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- S R V N SERVICES PRIVATE LIMITED [Strike Off] CIN = U50200DL2004PTC124035

Company & Directors' Information:- T & C TECHNOLOGY (INDIA) PRIVATE LIMITED [Active] CIN = U74899DL1995PTC074144

Company & Directors' Information:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- P & A TECHNOLOGY PRIVATE LIMITED [Active] CIN = U45208OR2011PTC014269

Company & Directors' Information:- R G S TECHNOLOGY (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72200TN2003PTC050424

Company & Directors' Information:- Q & Q TECHNOLOGY PRIVATE LIMITED [Active] CIN = U74900DL2013PTC259002

Company & Directors' Information:- RAJAN AND CO. PRIVATE LIMITED [Strike Off] CIN = U51909KA1985PTC006719

Company & Directors' Information:- A 2 Z E SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC039105

Company & Directors' Information:- KINGDOM SERVICES PRIVATE LIMITED [Active] CIN = U74920KL2014PTC037748

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- M C S RAJAN AND CO PVT LTD [Strike Off] CIN = U51102KL1983PTC003668

Company & Directors' Information:- G M I TECHNOLOGY PRIVATE LIMITED [Strike Off] CIN = U72200TG2011PTC075075

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- I E TECHNOLOGY PRIVATE LIMITED [Strike Off] CIN = U72900MH2001PTC132315

Company & Directors' Information:- A L TECHNOLOGY SERVICES PRIVATE LIMITED [Active] CIN = U72900KA2011PTC061219

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- S RAJAN AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U99999MH1953PTC009048

Company & Directors' Information:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- PROTECTION 4 U PRIVATE LIMITED [Strike Off] CIN = U74920OR2011PTC014490

Company & Directors' Information:- I P L TECHNOLOGY PRIVATE LIMITED [Active] CIN = U29290MH2000PTC127550

Company & Directors' Information:- S S D SERVICES PRIVATE LIMITED [Active] CIN = U74910RJ1996PTC012694

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- G I TECHNOLOGY PRIVATE LIMITED [Strike Off] CIN = U72200MH2005PTC156230

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- G. TECHNOLOGY SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2016PTC288318

Company & Directors' Information:- S. R. TECHNOLOGY PRIVATE LIMITED [Active] CIN = U74999MH2017PTC290229

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- U Y TECHNOLOGY SERVICES PRIVATE LIMITED [Strike Off] CIN = U72900TG2014PTC096819

Company & Directors' Information:- N I J PROTECTION PRIVATE LIMITED [Strike Off] CIN = U93030UP2012PTC050020

Company & Directors' Information:- M H T TECHNOLOGY PRIVATE LIMITED [Active] CIN = U74999TN2010PTC077205

Company & Directors' Information:- B S K A SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900WB2013PTC198627

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- K S Q TECHNOLOGY PRIVATE LIMITED [Strike Off] CIN = U72900DL2006PTC154900

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- J N D SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2014PTC264620

Company & Directors' Information:- V. S. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC233958

Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- N G S TECHNOLOGY PRIVATE LIMITED [Active] CIN = U93000DL2009PTC196737

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- P C TECHNOLOGY PRIVATE LIMITED [Strike Off] CIN = U74900DL2015PTC278616

Company & Directors' Information:- S J PROTECTION PRIVATE LIMITED [Strike Off] CIN = U74910DL2000PTC108237

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- C H K TECHNOLOGY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900BR2012PTC018311

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

Company & Directors' Information:- V & P TECHNOLOGY PRIVATE LIMITED [Active] CIN = U72200HR2011PTC044721

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- V J SERVICES PRIVATE LIMITED [Strike Off] CIN = U29242GJ2013PTC074510

Company & Directors' Information:- N I SERVICES PRIVATE LIMITED [Strike Off] CIN = U64202KL2000PTC014355

Company & Directors' Information:- 7-A SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2019PTC359011

Company & Directors' Information:- L K E SERVICES PRIVATE LIMITED [Active] CIN = U74999RJ2021PTC073635

Company & Directors' Information:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- N C A TECHNOLOGY PRIVATE LIMITED [Strike Off] CIN = U72900PB2008PTC031981

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

Company & Directors' Information:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

Company & Directors' Information:- M G TECHNOLOGY PRIVATE LIMITED [Strike Off] CIN = U72200DL2007PTC172003

Company & Directors' Information:- T & S TECHNOLOGY PRIVATE LIMITED [Strike Off] CIN = U32204DL2008PTC177037

Company & Directors' Information:- P T RAJAN PRIVATE LIMITED [Strike Off] CIN = U74999TN1964PTC005196

    WP(C). No. 24881 of 2020(I)

    Decided On, 11 January 2021

    At, High Court of Kerala

    By, THE HONOURABLE MR. JUSTICE N. NAGARESH

    For the Petitioner: M. Jithesh Menon, K. Indu (Pournami), R. Brijesh, P.G. Maheshkumar, Advocates. For the Respondents: R1, S.P. Aravindakshan Pillay, R2, A.C. Devy, Advocates.



Judgment Text

1. The petitioner a company running security services is before this Court seeking to direct the 1st respondent to allot work of supply of security personnel to the petitioner for the year 2019-2020, in view of the fact that petitioner is the lowest bidder.2. The petitioner states that the 1st respondent invited tenders for supply of security personnel for the year 2019-2020. The petitioner was the successful bidder and he was awarded the work of supplying the security personnel to the University for the year 2019- 2020. Ext.P2 agreement was entered into. The period of Ext.P2 agreement expired on 30.01.2020.3. As Ext.P2 was expiring, the 1st respondent invited fresh tenders for the work, the petitioner submitted his bid. However, due to the outbreak of Covid-19 pandemic, the said tender proceedings could not be finalised. The petitioner was granted extension of contract in the meanwhile.4. On 13.07.2020, the 1st respondent issued Ext.P4 notification inviting bids for the work. Ext.P4 contained technical specifications and other requirements. Ext.P4 specifically required that the rates for service should be quoted "rate per head for 8 hours duty per day (not inclusive of GST)" and it was made clear that otherwise the tender/quotation will be summarily rejected. Ext.P4 further stated that the agencies submitting the quotation should have own approved training centres to train the guards or should have Memorandum Of Understanding signed with approved training centres based at Kerala. The technical specifications further required that the agency should have a minimum of 10 years experience in the field and that preference will be given to the companies have full operation in Kerala with Head Quarters at Ernakulam. Ext.P4 further stipulated that agencies should provide minimum wages to the guards as per The Minimum Wages Act.5. The petitioner contended that among the five agencies who bid pursuant to Ext.P4, only 2 agencies including the petitioner quoted the rates as required in the technical specifications. Three of the bidders did not quote 'the rate per head for 8 hours duty per day' as required under Ext.P4. Among the agencies who quoted properly, the petitioner was the lowest bidder.6. The petitioner understood that the contract was going to be awarded to the 2nd respondent. The petitioner was served with Ext.P11 letter of the 1 st respondent, requiring the petitioner to continue his service only till 14.11.2020.7. The learned counsel for the petitioner submitted that the award of work proposed to be made in favour of the 2nd respondent, is absolutely illegal and highly arbitrary. The proposed award in favour of the 2 nd respondent is against the conditions contained in Ext.P4. In the circumstances unless this Hon'ble Court interferes in the matter, the petitioner will be put to irrecoverable loss.8. The 1st respondent filed a counter affidavit and defended the writ petition. The 1 st respondent stated that though there was a condition in the notification that the rate per head for 8 hours duty per day (not inclusive of GST) shall be quoted, only the petitioner and another agency quoted the rates in that manner. Other bidders quoted the rates on monthly/yearly basis. The five agencies short listed by the technical evaluation committee quoted rates adopting different yardstick. Therefore the financial evaluation committee decided to seek clarifications from those agencies in order to have a reasonable comparison of rates.9. Clarifications from those agencies were obtained. On the basis of the said information, the rate per head for 8 hours duty per day quoted was tabulated. Thereupon it was found that the rate quoted by the 2 nd respondent was the lowest. The financial evaluation committee recommended to award the work to the 2 nd respondent.10. The Standing Counsel for the 1st respondent submitted that a comparative assessment of the rates quoted by the 2nd respondent and the petitioner shows that the rate quoted by the 2 nd respondent is much less than the rate quoted by the petitioner. There is a difference of Rs.6 Lakhs per annum between the rates quoted.11. Heard the learned counsel for the petitioner and learned Standing Counsel appearing for the 1 st respondent and the counsel appearing for the 2 nd respondent.12. The prime grievance of the petitioner is that quoting 'the rate per head for 8 hours duty per day (not inclusive of GST)' was a mandatory condition as per Ext.P4. Ext.P4 provided that if rate per head for 8 hours duty per day is not quoted, quotation will be summarily rejected. It has to be noted that on opening the bid the 1st respondent found that majority among the short listed bidders did not quote the rate per head for 8 hours duty per day. It is in such circumstances, the 1 st respondent decide to obtain explanation regarding the rates quoted by them.13. The opportunity was not given to the 2 nd respondent alone. On receipt of the requisite information, the 1st respondent found that the rates quoted by the 2 nd respondent is Rs.646.64/- and Rs.757.56/- for guard and supervisor and the rates quoted by the petitioner is Rs.662.57/- and Rs.789.7268/- respectively. The rate quoted by the 2nd respondent was much advantageous to the 1st respondent and if the said bid is accepted, the 1 st respondent will be saving an amount of Rs.6 Lakhs per annum.14. The opportunity given by the 1 st respondent to explain the rates quoted by the bidders has not legally prejudiced the petitioner. The petitioner has no case that the 2nd respondent or any other bidder who were given such opportunity, have reduced the amount originally quoted by them, to the prejudice of the petitioner.15. The further contention of the petitioner is that the technical specification made mention in Ext.P4 requires that the agencies providing security personals should own approved training centers to train the guards or should have Memorandum of Understanding signed with approved training centers based at kerala. The technical specifications also stipulated that companies having full-fledged operational based in Kerala with Head Quarter at Ernakulam will be preferred.16. In this regard the 1st respondent pointed out that the 2nd respondent has signed a Memorandum of Understanding with M/s. Sparta Training Centre for providing training of its personnel. The 2 nd respondent has branch office at Palarivattom and its operations are controlled by the Palarivattom branch office. The 1 st respondent found that the training facility under M/s. Sparta Training centre is sufficient enough. The technical specifications given in Ext.P4 does not state that exclusive preference will be given to companies having full-fledged operational base in Kerala with Head quarters at Ernakulam. The question of granting preference comes only when the merit of the bids are equal in other respects. In this case the bid amount of the 2 nd respondent was found far less than that of the petitioner.17. The Hon'ble Apex Court in Maa Binda Express Carrier and Anr v. Northeast Frontier Railway [2014 3 SCC 760] has held that bidders participating in the tender process cannot insist that their bid/tenders should be accepted simply because a bid is the highest or lowest. The Hon'ble Apex Court further held that the scope of judicial review in matters relating to award of contract by the State and its instrumentalities is limited. Award of contract is essentially a commercial transaction, which must be determined on the basis of consideration of data relevant to such commercial decision.18. The Hon'ble Apex Court again held in Jagdish Mandal v. State of Orissa and others [2007 14 SCC 517] that judicial review of

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administrative action is intended to prevent arbitrariness, irrationality, unreasonableness, bias and malafides. Its purpose is to check whether choice or decision is made "Lawfully" and not to check whether choice or decision is "Sound". Principles of Equity and Natural Justice stay at a distance in commercial transaction.Considering the circumstances under which the 2nd respondent was selected by the 1st respondent and considering the law laid down by the Hon'ble Apex Court in the afore judgment, this Court is of the considered opinion that the action of the 1st respondent in awarding the work to the 2nd respondent is in the interest of the 1st respondent-University and is amply justified. This Court therefore finds no reason to interfere with the award of tender to the 2nd respondent. The writ petition fails and accordingly it is dismissed.
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