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2016 (9) TMI 1667 - SUPREME COURTDismissal of the writ petition and the application for clarification - declination to interfere with the decision taken by the Respondents to treat the bid submitted by the Appellants as non-compliant with the conditions of Invitation for Bids (IFB) - HELD THAT:- The Appellant No. 1 had not filed an application for grant of registration. It was Appellant No. 2 who had filed it. Be that as it may, the decision dated 31.03.2015 was taken by the Registration Committee of CIB to approve the registration subject to the condition DAC granting permission for commercialization. That apart, the decision taken by the concerned authority, even if it is put on the website, despite the astute submission of Mr. Singh, would not tantamount to grant of registration certificate. The amendment was made, as we perceive, to clarify the position. The use of the word "must" adds a great degree of certainty to the same; it is a requisite parameter as thought of by the Respondent No. 1. The tender was floated for purchase which is needed for the nation. The first Respondent along with Respondent Nos. 2 and 3 were taking immense precaution. In such a circumstance, needless to emphasize, public interest is involved. It cannot succumb to private interest. The action on the part of the Respondent Nos. 1 to 3 cannot be regarded as arbitrary or unreasonable. By no stretch of imagination it can be construed to be an act which is not bonafide or to have been done to favour the fourth Respondent. Nothing has been pleaded that the fourth Respondent is not eligible or qualified. The essential condition of tender being not met with, the tenderer, the Appellants herein, were ineligible and the tender was non-responsive. That apart, the amendment was applicable to all. Additionally, the High Court in the first round of litigation had not held that the registration certificate granted on 31.03.2015 would enure to the benefit of the writ Petitioners from the date of the decision of the registration authority, and it had rightly not said so. There are no substance in the grounds raised in this appeal - appeal dismissed.
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