Writ petitions were filed by the respondents in each case questioning companyrectness of a stipulation in the Notice Inviting Tender in short NIT companytaining a disqualification clause which disentitled an intending tenderer to submit tender whose near relative is working in any of the units of the appellant BSNL.
2284 OF 2008 Arising out of S.L.P. C No.3232 of 2004 CIVIL APPEAL NO.
According to the writ petitioners such a prohibition was impermissible.
2286 OF 2008 Arising out of S.L.P. C No.6307 of 2004 Dr. ARIJIT PASAYAT, J. Leave granted.
While two appeals are against the judgment of the Himachal Pradesh High Court, the other two are against the judgments of the Punjab and Haryana High Court.
The Punjab and Haryana High Court has expressed a similar view in Civil Writ Petition number12799 of 2003 by order dated 4.11.2003 and Civil Writ Petition number18439 of 2003 by order dated 9.1.2004.
REPORTABLE CIVIL APPEAL NO.
2287 OF 2008 Arising out of S.L.P. C No.6225 of 2004 CIVIL APPEAL NO.
These appeals involved identical issues.
2283 OF 2008 Arising out of S.L.P. C No.4778 of 2004 With CIVIL APPEAL NO.
Accordingly, the writ petition was allowed by order dated 24.5.2003 in Civil Writ Petition number122/2003.
The said decision was followed in Civil Writ Petition number269 M B of 2003 by order dated 13.8.2003.
