JUDGMENT :

Prakash Shrivastava, J.

1. This intra-court appeal is at the instance of the writ petitioner aggrieved with the order of the learned Single Judge dated 02.05.2022 disposing of WPA 19540 of 2021 on reaching to the conclusion that no relief could be granted to the petitioner in the petition.

2. The appellants had submitted bid in response to the e-tender floated by the respondents for transportation of bulk petroleum products from Jharsuguda Terminal. The bid of the appellants was rejected, hence a prayer was made in the petition to set aside the order of rejection.

3. Learned Single Judge while passing the order under challenge has noted that the appellants were informed about the deficiency in the bid particularly in the context of supply of amended partnership deed and Form A and thereafter the bid was rejected on 14th of September, 2021, after giving ample opportunity to submit documents. Hence, learned Single Judge found that there was sufficient compliance of the requirement of providing opportunity to the appellants to rectify the bid.

4. Submission of the learned Counsel for the appellants is that the appellants had submitted the memorandum Annexure-P1 page 30 of the paper book showing registration of partnership firm, therefore, there was sufficient compliance of the requisite clause and that in the bid they had disclosed the registration number and the names of the partners, therefore, rejection of the bid cannot be sustained.

5. As against this, learned Counsel for the respondents has submitted that the appellants had failed to submit the registration certificate as required by the terms of the NIT, therefore, after giving an opportunity to the appellants, the bid has been cancelled.

6. We have heard learned Counsel for the parties and perused the record.

7. The respondents had sent to the appellants technical-commercial query dated 14th of September, 2021 by giving an opportunity to the appellants to response to the same and thereafter on 2nd of November, 2021 at the stage of technical evaluation the appellants were informed that the bid was rejected by the duly constituted committee and the reasons for rejection were also conveyed to the appellants, a perusal of which discloses that the appellants had failed to produce Form-A (Annexure) mentioning names of the partners of the partnership firm and the appellants were technically disqualified.

8. Clause 9 of terms and conditions of NIT requires the tenderer to submit copy of the registration certificate from the Registrar of Firms enclosing all annexures wherein names of all the partners of the partnership firm are mentioned. Condition 9 of the NIT reads under :

“9. Tenderers are required to submit copy of Registration Certificate from Registrar of Firms to establish the registered partnership firm enclosing all annexures wherein names of all the partners of the said partnership firm are mentioned or Certificate of Incorporation (as applicable). In case partnership firm registration certificate is not uploaded with the bid, the tenderers shall be given one opportunity to submit the same during technical evaluation. If the tenderer fails to submit the same within stipulated time, the tender of the tenderer shall not be considered for further evaluation. However it may be noted that date of partnership firm registration in the certificate shall not be later than closing date of the Tender.”

9. The record reveals that the appellants had failed to submit the requisite registration certificate with annexure mentioning the names of all the partners of the partnership firm, therefore, in terms of the aforesaid condition the appellants were given opportunity to submit the same during technical evaluation and on his failure to submit the same, the bid has been rejected. The record further reflects that the requisite certificate from the Registrar of Firms was obtained by the appellants only on 02.12.2021 and undisputedly it was not submitted to the respondents. The memorandum