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Rajasthan High Court - Jodhpur
Babu Lal Vishnoi vs The Rajasthan Co-Operative Dairy ... on 13 January, 2026
[2026:RJ-JD:985]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 234/2026
Babu Lal Vishnoi S/o Chhoga Ram Vishnoi, Aged About 46 Years,
Resident Of Near Ramdev Mandir, Lamba, Bilara, Jodhpur,
Rajasthan.
----Petitioner
Versus
1. The Rajasthan Co-Operative Dairy Federation Limited,
Through Financial Advisor, Saras Sankul, J.l.n. Marg,
Jaipur (Raj.).
2. The Pali Zila Dugdh Utpadak Sahkari Sangh Limited,
Through Managing Director, Office At Sardar Patel Nagar,
Pali (Raj.).
----Respondents
For Petitioner(s) : Mr. Pravin Kumar
For Respondent(s) : --
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
Reserved on : 08/01/2026
Pronounced on : 13/01/2026
1. The petitioner has preferred the present writ petition with
the following prayers:-
'It is therefore, most respectfully prayed that this
petition for writ may kindly be allowed and:-
1. by an appropriate writ, order or direction, the
impugned condition contained in Point No.22 of
the Circular dated 24.09.2025 (Annex-5),
stipulating that the model year of the vehicles
should be 2021 or later, and the identical
condition reiterated in Technical Form Part A of
the E-Tender for the year 2025-2026 (Annexure-
6) and Amended/Revised Tender Notice date
29.12.2025 (Annexure-7) may kindly be quashed
and set aside.
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2. that the petitioner may kindly be permitted to
participate in the E-Tender in question with
tanker models of the year 2015;
3. that the respondents be directed not to reject
the petitioner's technical bid merely on the
ground that the model of the tankers is prior to
the year 2021;
4. that the respondents be further directed not to
impose any condition upon the tankers which is
contrary to the provisions of the Motor Vehicles
Act, 1988, as amended.'
2. The facts, in a nutshell, are that a tender for Milk
Transportation (RMG/NMG) work at Pali Dairy was initially issued
with the condition that the milk tankers proposed to be deployed
should not be older than the year 2013, and the last date for
submission of bids was fixed as 23.06.2025 (Annexure-3).
However, the said e-tender was cancelled vide order dated
28.08.2025 (Annexure-4). Thereafter, on 24.09.2025 (Annexure-
5), a circular was issued by Rajasthan Co-operative Dairy
Federation Limited, wherein, under Point No. 22, it was stipulated
that the model of the vehicle must be of the year 2021 or later.
Subsequently, a fresh tender was issued imposing a condition that
the vehicles to be deployed should be of the model year 2015 or
later, and bids were invited with effect from 26.12.2025. The last
date for submission of bids pursuant to the fresh tender was fixed
as 12.01.2026. However, on 29.12.2025 (Annexure-7), a
corrigendum was issued whereby the condition regarding the
model of the vehicles was amended, and it was prescribed that the
model of the tankers should not be older than the year 2021.
3. Learned counsel for the petitioner submits that an e-tender
was floated for the purpose of transportation of milk at Pali Dairy
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by Pali Zila Dugdh Utpadak Sahkari Sangh Ltd. He submits that
the petitioner, being desirous of securing the said contract,
submitted his bid. It is further submitted that the tender was
issued on 24.09.2025 and the last date for submission of bids was
fixed as 12.01.2026. However, on account of the imposition of a
condition requiring the vehicles to be of the model year 2021 or
thereafter, the petitioner has been deprived of participating
effectively in the tender process.
3.1 It is submitted that the petitioner possesses the requisite
experience and is fully eligible to participate in tender process but
is aggrieved by such arbitrary and unreasonable condition relating
to vehicles being of the model year 2021 or above. It is argued
that the primary object of floating the tender is the transportation
of milk and, therefore, the said condition is hyper-technical in
nature and has been imposed either to curtail competition or to
deliberately exclude certain bidders. It is further submitted that in
other districts, vehicles of models prior to the year 2021 are being
permitted to operate. Consequently, the action of imposing such a
condition, as well as rejecting the technical bid on such a hyper-
technical ground, is liable to be declared bad in the eyes of law.
3.2 Learned counsel for the petitioner, while making such
arguments, has relied on the judgment rendered by the Hon'ble
Apex Court in the case of Vinishma Technologies Pvt. Ltd. Vs.
State of Chattisgarh and Anr. (2025 INSC 1182), more
particularly para 18 of the said judgment and contended that if the
conditions which create artificial barrier are introduced, then that
shall amount to curtailment of fundamental rights of the bidder,
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who has been declared ineligible to participate in the tender based
on such conditions.
4. Heard learned counsel for the petitioner and perused the
material available on record.
5. It is to be noted that the tender was floated on 24.09.2025.
The conditions, more particularly, the condition " leLr okguksa dk
ekWMy (o'kZ 2021) As per RCDF Gudie Line 2021 ;k ckn", clearly
indicates that a bidder is required to offer and submit documents
pertaining to vehicles of the model year 2021 or subsequent
years. It is to be noted that the said condition is based on the
RCDF Guidelines, 2021; therefore, prima facie, such does not
appear to suffer from any arbitrariness. That apart, it is also to be
noted that the condition has been applied uniformly to all bidders.
6. This Court is of the considered opinion that it is the
prerogative of the procuring entity to prescribe such conditions as
are essential for the effective transportation of milk. If a decision
is taken to mandate vehicles of the latest model in order to ensure
smooth and efficient transportation, such a decision cannot be
termed arbitrary or unreasonable in any manner.
7. As regards the judgment relied upon by learned counsel for
the petitioner is concerned, the same is not applicable to the facts
of the present case. The Hon'ble Apex Court, while deciding
Vinishma Technologies Pvt. Ltd. (supra), observed that no
tender condition should be imposed which creates an artificial
barrier or is intended to favour a few bidders. In the present case,
the impugned condition has been uniformly applied to all bidders
and is based on the Guidelines, 2021 issued by Rajasthan Co-
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operative Dairy Federation Limited. Admittedly, the said guidelines
are not under challenge and, therefore, the judgment relied upon
by the petitioner is of no assistance to him.
8. The petitioner has also alleged discrimination in the
implementation of the said condition; however, there is no
material available on record to substantiate such an allegation.
9. Considering the totality of circumstances, no case of
interference is made out. Accordingly, the present writ petition is
dismissed.
10. All pending application(s), stand disposed of.
(SUNIL BENIWAL),J
-ajayS/-skm/-
(Uploaded on 13/01/2026 at 05:45:26 PM)
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