Shalini Phansalkar Joshi, J.

1. Rule. Rule made returnable forthwith. Heard finally with consent of the learned counsel for the parties.

2. This Writ Petition filed under Article 226 of the Constitution of India raises core question as to legality and validity of the terms and conditions of the tender bid offered by respondent No.1. The petitioner has challenged the same on the ground that particular term Nos.2 and 3 of the tender bid are highly discriminatory for ascertaining eligibility of bidders and hence those terms and conditions in the tender bid need to be quashed and set aside in their entirety or in the alternate to direct suitable modification of the said terms of eligibility, as deemed fit and proper by this Court.

3. Facts, giving rise to this writ petition can be stated, in brief, as under:

The petitioner is a private limited company incorporated and registered as "Infrastructure Provider" under Category-I for Telecom Service and is registered under Section VI of the Indian Telegraph Act, 1885. Respondent No.1 is the Maharashtra State Road Development Corporation Ltd., a State Public Sector Undertaking, primarily engaged in the work/activity relating to developm