JUDGMENT :

MOUSHUMI BHATTACHARYA, J.

1. The writ petitions involve similar facts and have been filed against the Damodar Valley Corporation. Both the writ petitions are being disposed of by the judgment. A few of the dates are different; the facts and dates in WPA 27132 of 2022 are being mentioned in the judgment.

2. The petitioner participated in a Tender floated by the respondent Damodar Valley Corporation for empanelment of transportation agencies for evacuation of ash from ash ponds of Durgapur Steel Thermal Power Station of DVC. The Tender was dated 9.9.2022. The petitioner has challenged the rejection of the petitioner’s techno-commercial bid on 1.12.2022 on the ground of being “Non Compliant.”

3. At the time of moving the matter the petitioner’s grievance was that the petitioner’s bid was admitted by the Tender Evaluation Committee on the same day i.e. 1.12.2022 at 2:04 pm but was rejected 11 minutes later at 2:15 pm.

4. The petitioner was granted interim protection by an order dated 9.12.2022 noting the narrow-margin of 11 minutes and directing DVC to keep any further evaluation of the Tender in abeyance until the matter is heard out on the returnable date. The interim order was