1. These two writ applications have been filed by the same petitioner challenging the orders passed by the respondent Engineer-in-Chief canceling the decision of the Departmental Tender Committee in respect of two tenders on identical grounds. Except for the date of NIT and number, and few other dates, the facts are identical. Hence, the matters were taken up for hearing together for being disposed of by a common judgment.

2. In both the writ applications the representation of the petitioner before the Principal Secretary of the Department was pending. Hence, this Court allowed time for its disposal while adjourning the matter for another date. The representations were disposed of and rejected by the Principal Secretary which were placed on record through I.A. applications filed in the respective cases with a prayer for liberty to challenge the same also which were allowed in both the writ applications.

3. In the first writ application, the impugned orders are: (i) Annexure-1, i.e. the letter no. 1009 dated 13.4.2012 of Engineer-in-Chief addressed to the Chief Engineer, Water Resources Department, Siwan, informing him that the decision of Departmental Tender Committee dated 11.4.2012 was being annulled, as per the direction, in terms of clause 15.1 of Section 1, i.e. Instruction to Bidders (in short 'the ITB Section') of Standard Bid Document (in short 'the SBD') of the Water Resources Department of the Government of Bihar, for the reasons that (a) the last date of receipt of tender was 9.12.2011 and it was disposed of on 11.4.2012 i.e. beyond bid validity period of 120 days and Chief Engineer had not brought to the notice of the Departmental Tender Committee, in its meeting on 11.4.2012, that the validity of tender had expired and that (b) no application of the contractor was obtained for extension of his bid validity period and placed in the Tender Committee meeting; (ii) Annexure-2, the fresh NIT No. 1/2012-13 dated 24.4.2012 issued under the signature of the respondent Executive Engineer, Saran at Chapra, and (iii), with the permission of Court, Annexure-9, the order of Principal Secretary dated 18.7.2012 rejecting the representation of the petitioner. In the 2nd case, the impugned orders are (i) its Annexure1, letter no. 1010 dated 13.4.2012, also issued by the Engineer-in-Chief addressed to the Chief Engineer, Water Resources Department, Muzaffarpur, annulling the decision of the Departmental Tender Committee on the same grounds; (ii) with the permission of the Court, Annexure-7, the fresh NIT No. 1/2012-13 dated 2.5.2012 issued under the signature of the respondent Executive Engineer, Flood and Water• Discharge Division, Lalganj (Vaishali), and (iii) also with the permission of Court, Annexure-8, the order of Principal Secretary dated 1.8.2012, rejecting the representation of the petitioner. In both the cases further prayer of petitioner is for a direction to the respondents to issue work order to it, in terms of the decision of the Departmental Tender Committee dated 11.4.2012 in its favour.

4. The short facts of the 1st case are that 3rd NIT No. 6/2011-12 was issued under the signature of the respondent Executive Engineer, vide Annexure-4, on 23.11.2011 inviting tender for construction of black top road on Saran Embankment at right bank of river Gandak between 35.20-80.00 Kms. and some other related work. The last date for receipt of tender was 9.12.2011 till 3.00 PM and technical bid was to be opened on the same day at 3.30 PM. The validity of tender was fixed as 120 days. In the 2nd case, NIT No. 2/2011-12, was issued under the signature of the respondent Executive Engineer, vide Annexure-3, on 12.11.2011 for construction of Bituminous road over Tirhut Embankment between 0 to 39.61 Kms. on the left bank of river Gandak. The last date for receipt of bids in this case was also 9.12.2011 till 3.00 pm and the technical bid was to be opened on 3.30 PM on that very day. The period of bid validity in this case was als