( 1 ) THIS Rule is obtained against an order rejecting petitioner's tender and accepting the one submitted by the respondent No. 3.

( 2 ) TENDERS were invited by the Chief Commercial Superintendent. Eastern Railway, for street collection and delivery of goods and parcels from Calcutta and Baranagore Booking Offices and also from several other stations. The petitioner as also others submitted their tenders in the form and manner indicated by the authorities. On 6th April, 1970, these tenders were opened in the presence of the petitioner when it was found that only two other tenders were received besides the petitioner's one, of respondent No. 3 and the other, of one Ram Kumar Agarwalla. Of these three tenders only two namely those of the petitioner and the respondent No. 3 were found in order but the rates quoted by the petitioner were lower than the rates quoted by the respondent No. 3. It is alleged that the tender submitted by the respondent No. 3 did not moreover conform to the rules contained in Clauses (15) and (17) of the tender form. Even so, the respondents Nos. 1 and 2 considered and ultimately accepted the tender of the respondent No. 3 in preference to