I.P. MUKERJI, J.

1. This is a writ by the second highest tenderer against the highest. He wants the selection of the highest tenderer, the respondent No. 10 and hereinafter referred to as the private respondent cancelled. The writ petitioner thinks that if such cancellation is ordered by this court he will automatically get the tender.

2. On 4th October, 2006 a tender was published by the Durgapur Municipal Corporation, the first respondent and hereinafter referred to as the respondent corporation. It invited offers for toll tax collection on Hahnemann Sarani, Durgapur from Gamon Bridge More to Gandhi More via. Mayabazar. The contract was valued at Rs. 1,51,00,000/-. A tenderer had to submit an earnest money of a little over Rs. 3 lakhs. The contract was to be for three years. The tender process involved a technical bid as well as a financial bid to be submitted concurrently, online with digital signature. This tender had various eligibility criteria. The offeror had to show work experience of having completed within five years of issuance of the tender, a work of not less than 30% of the contract value or 2 completed works of not less than 20% of the contract value. Or,