JUDGMENT

Rajendra Babu, J.-This petition is directed against an order made by the High Court of Delhi in a writ petition wherein the petitioner prayed for quashing the decision of the first respondent that the second respondent has the pre-qualification for the construction of Koteshwar Dam Spillway and Power House Civil work of Koteshwar Hydro Electric Project pursuant to the tender specification No. THDC/RKSH/CD/197/PQ/99. The pre-qualification document under clause 10.2 provided as follows:-

"10.2. The minimum pre-qualification criteria for the work of construction of "Koteshwar Dam, Spillway & Power House Works" would be as under :

(i) The bidder should have minimum annual turnover of Rs. 50 crores in anyone of the last five years.

(ii) The bidder should have successfully completed the construction of at least one concrete dam/barrage involving placement of minimum 2.5 lac cubic meters of all grades of concrete against a single contract in a Hydro Electric/Irrigation Project."

[Only relevant part extracted]

The challenge to the pre-qualification of the second respondent was met by the first respondent on the following basis:-

1. "Amongst the 7 parties, recommended to be pre-qualified for the subject work, one of the parties recommended was M/s Progressive Construction Limited, in Joint Venture with the Consortium of Intertech : Lenhydro, Russia (named as respondent No. 2 in the writ petition). In the Pre-qualification bid documents submitted by M/s. Progressive Construction Limited in Joint Venture with the Consortium of Intertect Lenhydro, Russia the party had, inter-alia, provided Memorandum of Understanding (MOU), purporting to be an agreement between M/s Progressive Construction Limited, with its Head Officer at Hyderabad (India) and the Consortium of Intertech Service (Head office at Saint Petersberg, Russia) and Institute Lenhydro Project, (Head Office at Saint Petersberg, Russia), formed to submit the pre-qualification bids to the THDC in response to the subject tender. The MOU had described the intertech Lenhydro Consortium having experience, skill and specialized experience in construction of dams, underground tunnels, ports etc. Further, the said MOU had laid down the detailed obligations, responsibilities and working arrangements for submission of bids and undertaking the subject works in the event, the contract was awarded to the Joint Venture. Alongwith the documents, the Joint Venture had also provided details concerning experience and financial status of all the respective Joint Venture partners.

2. As per information provided by the Joint Venture of Progressive Construction Limited and Consortium of Intertech Services: Institute Lenhydro Project, it was disclosed that M/s Progressive Construction Limited would be the Joint Venture lead partner. It was further indicated in the submitted documents that Institute Lenhydro Project, one of the Joint Venture partners, had successfully completed Bureya Hydroelectric Project on Bureya River, Far East of Russia, which was a 140 m. high concrete dam. It was further stated that this massive gravity dam contains 3.5 million cum. Concrete about 30 of which being dry RCC which is placed into downstream part of the dam. This experience detail was supported by an Affidavit dated July 31, 1999, signed for and on behalf of Institute Lenhydro Project, by their Chief Engineer and authorised signatory declaring that Institute Lenhydro Project had executed the Bureya Hydroelectric Project, as per details given in the foregoing. It was also indicated in the affidavit that the work was done for Government of Russia.

3. The answering respondent vide letter No. THDC/RKSH/CD-197/2607 dated 18.11.99 intimated to Progressive Construction Limited who were disclosed to be the leader of Joint Venture, that the claim of meeting the PQ requirements of having completed construction of Dam involving 2.5 lac cum concrete based on the credential of their Joint Vent