M/S Able Aviation(India) Private Limited And Another v. Union Of India And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/174/2022 IA No: CAN/1/2023 IA No: CAN/2/2023 M/s Able Aviation(India) Private Limited and Another Vs.

The Union of India and Others Mr. Asim Malick Mr. Ruban Antony .... for the petitioners Mr. Tulsi Lall ... for the respondent nos.1 & 2 Mr. A.S.Zinu ... for the respondent nos.3 & 4 Mr. V.D.Sivabalan ... for the respondent nos.5 & 6 Mr. D.C.Kabir Mr. Ajith Prasad ... for the respondent nos.7 & 8 April 02, 2024 [SR] Item No. 26 The writ petitioner seeks a direction for quashing a request for qualification dated April 15, 2020 and as also the Letter of Intent issued pursuant to the completion of selection process was initiated by the request for qualification dated September 11, 2021 in favour of the respondent no.7. To a query of the Court, the learned advocate for the petitioner submits that, the petitioner did not participate in the selection process.

He however points out that, the petitioner participated in the two previous selection processes and was found successful in the second selection process. However, the second selection process was withdrawn. Thereafter, Covid intervened and the impugned selection process was initiated, during the height of Covid.

selection process and therefore, the petitioner could not participate.

The learned advocates for the respondent nos.7 & 8 and 3 & 4 draw attention of the Court to the judgment of the Supreme Court reported at 2022 INSC 1047 ( Airport Authority of India vs. Centre for Aviation Policy, Safety & Research (CAPSR) and others), they submit that, the issues were dealt with by the Hon'ble Supreme court and negated as against the writ petitioner.

In the facts of the present case, the petitioner before this Court did not participate in the selection process. No right of the petitioner stands established as infringed. Moreover, the parties are governed by the ratio of Airport Authority of India (Supra). At the behest of such a petitioner, I am not minded to enter into an arena which requires questioning the wisdom of the employer to set the terms of the selection process or the consequent award of the tender in favour of the successful tenderer.

WPA/174/2022 is dismissed without any order as to costs.

( Debangsu Basak, J. )