Judgment :-

R.V. Raveendran, J.

Leave granted.

2. The appellant, by 'Notice Inviting Tenders' dated 27.3.2001, invited bids for supply of 441 LCKM of different sizes of Polythene Insulated jelly Filled cables ('PIJF cables' for short). The tender procedure (vide clause 13 of Special Conditions of Contract) required an evaluation of the bids, so as to limit the number of bidders selected for placing orders against the tender, to two-third of the participating and eligible bidders in each group; and the bidders for placement of orders were to be selected from the list of technically and commercially responsive bidders in each group arranged in decreasing order of 'Vendor Rating' starting from the highest. The bidder with the highest Vendor Rating (V1) was to be considered for placing the order for about 30% of the tendered quantity and the balance quantity was to be distributed among the remaining selected bidders in each group in direct ratio of their Vendor Rating. Thus the quantity for which a purchase order was to be placed by BSNL on a bidder depend upon the 'Vendor Rating' of such a bidder.

3. There were several bidders including the respondent and NICCO Corporation Ltd. BSNL aw