( 1 ) IT is the case of the writ petitioner that like previous occasions the respondent 1 Bharat Coking Coal Ltd. in or about March, 1987 issued tender notice whereby sealed tenders were invited from intending buyers for the sale and disposal of various iron and steel scrap materials from various places of Central Coal Washeries Organisations situate at Dugda, Bhojudih and Patherdih. The terms and conditions for the said tender were inter alia as follows.- (a) All items as mentioned in the Schedule of disposal would be sold on "as IS, WHERE IS" basis. (b) The intending tenderers should quote their prices against the items in which they are interested on the body of the Schedule only. Quotations given on plain paper would not be accepted. (c) The earnest money as indicated against each item quoted must accompany the tender in full, otherwise quotation will not be considered at all. Such deposit should only be in the form of Bank Draft drawn on State Bank of India, Dhanbad in favour of "bharat Coking Coal Ltd. " A/c Central Coal Washeries Organisation Dhanbad". No cheque will be accepted towards earnest money. The tender would be rejected outright unless accompanied wit