JUDGMENT :

ARIF S. DOCTOR, J.

1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for parties, the present Writ Petition is taken up for final hearing.

2. The Petition essentially impugns the Petitioner’s disqualification from the tender process floated by Respondent No. 2 - Malegaon Municipal Corporation for the supply of medicines, materials, laboratory chemicals and equipment’s for hospitals/clinics (“the said tender”) on the ground that the Petitioner had failed to submit a “No Conviction Certificate” in terms of a corrigendum dated 19th April, 2023 issued by Respondent No. 2.

3. Before adverting to the rival contentions, it is useful to set out the following facts, viz.

i. Respondent No.2 had vide a notice dated 15th April 2023 published an advertisement for calling for bids in respect of the said tender for which the last date for submission of bids was 5.00 p.m. on 21st April 2023.

ii. It is not in dispute that (a) Respondent No. 2 thereafter on 19th April 2023 at 9.11 p.m. i.e. effectively one day prior to the submission of bids, issued a corrigendum by which Respondent No. 2 required as a mandatory eligibility criteria bidders to submit a “No Convict