JUDGMENT :

SANJAY KISHAN KAUL, J.

1. Leave granted.

2. Hindustan Petroleum Corporation Limited (respondent No. 1) floated an e-public tender on 4.12.2017 for setting up call centres for receiving, recording and replying to information enquiries and complaints from LPG customers of IOC/HPC/BPC. The appellant participated in the tender. Clause 20 of the tender reads as under:

“20. Black List/Ban/Holiday List

(i) Bids received from parties who have been banned/blacklisted/put on holiday list or parties in respect of whom the action for blacklisting and holiday listing has been initiated by HPCL/any Government/Quasi Government Agencies or PSUs, shall not be considered for either evaluation or for award of work. Offer of Vendor who has not submitted declaration on black listed or holiday listed shall be considered as non-responsive and offer shall be rejected.

(ii) The bidder shall give a written declaration indicating that they are not on holiday list/banned/blacklisted as on due date of this tender.”

3. The appellant was issued a show cause notice on 5.12.2017 in respect of another tender, i.e., after floating of the tender, but before submitting of the bid, for blacklisting on the allegatio