The main contention of the writ petitioners in the instant writ petition is that the petitioner No. 2–NICCO Corporation Ltd. although fulfilled the eligibility criteria and is eligible to participate in the price bid, has not been allowed to participate at the stage of price bid. The petitioner, although eligible has been wrongfully excluded by the respondents from participating at the final stage, viz. Consideration of the price bid but the petitioners' price bid has been taken into consideration by the respondents and found to be the lowest. The respondent has utilised the price bid of the writ petitioner to bring down the price bid of the next lowest tenderer.

2. The work under the tender is for setting up of a Kerosene Recovery process Unit, being a part of an ONGC project at Hazira.

3. Engineers India Ltd. (EIL) were appointed by ONGC as consultants. EIL had an independent status as advisers to ONGC.

4. In ONGC, the preliminary considerations were entrusted to a Tender committee. The final decision in ONGC was however taken by a Steering committee presided over by the Chairman.

5. The newspaper publication inviting bids set out only two paragraphs from the Bid Evaluation C