Writ petition challenging amendment to Pre-Qualification Criteria in an LPG tender that allowed non-SC bidders to bid for SC trucks was dismissed as the petitioner was seeking a private grievance and laches applied due to award of contract.
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W.P.No.49670 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.01.2026
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
W.P.No.49670 of 2025 and WMP.No.55511 of 2025
S.Ahilan
President of “Southern Region S.C. / S.T. & M.S.E. L.P.G. Tanker Owners Association”
Having its registered office at : Door No.186/4, Kavin-Harzha Complex II Street, Nethaji Nagar Trichy Main Road Namakkal District – 637 001.
... Petitioner
Vs.
1.Union of India Rep. by its Secretary Ministry of Petroleum and Natural Gas Shastri Bhavan New Delhi – 110 001.
2.Indian Oil Corporation Limited Represented by its Chairman and Managing Director (CMD) Indian Oil Bhavan G-9, Ali Yavar Jung Marg Bandhra East Mumbai – 400 051.
3.Bharat Petroleum Corporation Limited Represented by its Chairman and Managing Director (CMD) Bharat Bhavan, 4 & 6 Currimbhoy Road Ballard Estate, Mumbai – 400 001.
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W.P.No.49670 of 2025
4.Hindustan Petroleum Corporation Limited Represented by its Chairman and Managing Director (CMD) Petroleum House 17, Jamshedji Tata Road Mumbai – 400 020. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration to declare that the amendment made in Sl.5 of Corrigendum No.6 dated 04.04.2025 issued by the Respondent No.2 and Corrigendum No.3 issued on 04.04.2025 by the Respondents 3 and 4 as unconstitutional and illegal and consequently declare all the bids accepted by the Respondents 2 to 4 herein relying on Agreement to Sale (ATS) as a substitute for ownership for Pre-Qualification Criteria as illegal, ultra vires, and void ab initio and pass orders.
For Petitioner : Mr.B.M.Subash
For Respondents : Mr.Sathyan Central Government Standing Counsel [R1] Mr.M.Vijayan for M/s.King and Partridge [R2 to R4]
ORDER
The petitioner claiming to be the President of the Southern Region S.C. / S.T. & M.S.E. L.P.G. Tanker Owners Association, has filed the above writ petition for the following relief :
“ To issue a Writ of Declaration to declare that the amendment made
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W.P.No.49670 of 2025 in Sl.5 of Corrigendum No.6 dated 04.04.2025 issued by the Respondent No.2 and Corrigendum No.3 issued on 04.04.2025 by the Respondents 3 and 4 as unconstitutional and illegal and consequently declare all the bids accepted by the Respondents 2 to 4 herein relying on Agreement to Sale (ATS) as a substitute for ownership for PreQualification Criteria as illegal, ultra vires, and void ab initio.”
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W.P.No.49670 of 2025 into the arena by bidding in the name of SC candidates. The petitioner is aggrieved by the same. As to the reasons for seeking the above referred declaration, the only contention of the petitioner is that this would dilute the efficacy of the reservation policy.
seeking to espouse a private grievance. That apart, the Corrigendum has been issued as early as 04.04.2025. It is further represented by Mr.M.Vijayan of M/s.King & Partridge, that the entire contract has been awarded and LoAs have been issued to all the contractors . Therefore, the writ petition has to be dismissed on the ground of laches. That apart, this Court is unable to understand as to how the members of the petitioner-Association would be aggrieved, since the dilution of the clause with reference to ownership would also be to the advantage of the members belonging to the SC/ST community.
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W.P.No.49670 of 2025
miscellaneous petition is closed.
05.01.2026
Index : Yes / No Neutral Citation : Yes / No ds
To:
17, Jamshedji Tata Road, Mumbai – 400 020.
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W.P.No.49670 of 2025
P.T. ASHA, J,
ds
W.P.No.49670 of 2025
05.01.2026
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1 issue framed by the court
Whether the petition seeking declaration of Corrigendum amendment as unconstitutional is maintainable.
S.Ahilan
Union of India
Indian Oil Corporation Limited
Bharat Petroleum Corporation Limited
Hindustan Petroleum Corporation Limited
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
