( 1 ) IN this writ petition, the petitioners have challenged the decision of the tender evaluation Committee recommending the acceptance of the tender submitted by the respondents Nos. 6 and 7 (hereinafter (REFERRED TO as the private respondents) in reaped of Construction of Belghoria Express Way, Package II, The challenge is mainly on the ground that the tender submitted by the private respondents does not conform to the requirements stipulated in theinstruction to the Bidders (hereinafter to as the said ITB ). It was submitted by the petitioner that the tender of the private respondents should have been rejected as non responsive by the State if the conditions of itb were adhered to.

( 2 ) ). The material facts of the case are as follows : both the petitioners Nos. 1 and 2 are class I Contractors and empanelled with the public Works Department and other organizations.

( 3 ) ). A pre-qualification notice was sent to the petitioners inviting proposals from them for short listing of bidders to work under package Nos. 2 and 3 of the Belghoria Express way. Pursuant thereto, the petitioners submitted a Pre-qualification application and, thereafter, the petitioners w