JUDGMENT

AFTAB ALAM, J.

Leave granted in both the matters.

2. These two appeals, taken together for the sake of convenience, question the validity of two different clauses in the eligibility criteria in a Notice Inviting Tenders (NIT), issued by the respondent-Orissa Mining Corporation Limited (hereinafter referred to as the Corporation). The appellants in the two appeals make a grievance that the two clauses were designed to exclude them from consideration. They first went to the High Court of Orissa challenging the validity of the clauses and the rejection of their respective tenders on that basis. M/s. S.S. & Company challenged the validity of Clause 8(i) of the NIT in W.P.(C) No.7001/2007, (giving rise to SLP (C) No.12003/2007). M/s.Faridabad Gurgaon Minerals challenged Clause 8(vii) of the NIT in W.P. (C) No.7002/2007, (giving rise to SLP (C) No.12008/2007). A Division Bench of the High Court by separate judgments, dated July 12, 2007 dismissed both the writ petitions. The judgments of the High Court are brought in appeal before this Court.

3. The appellants in each of the two appeals are proprietorship firms owned and controlled by a father and son duo and the controversy in