( 1 ) IN these proceedings under Article 226 of the Constitution, appropriate directions have been sought against the National Highway Authority of India (a statutory body, hereafter called "nhai"); the petitioners seek directions to the effect that two pre-qualifying bids/applications made by them, which rely upon experience certificates issued by NHAI, should be processed, and considered on merits. I facts as per pleadings and documents

( 2 ) THE petitioner No 1 (hereafter called "patel Engineering") claim to be a leading Civil Engineering company, who have executed several important public works within the country, and abroad. It entered into Joint Venture Agreement (JV) some time in 1999, with LG Cande, a company incorporated under the laws of South korea. The shares of LG and Patel Engineering, respectively, in the JV, were 75%:25%.

( 3 ) THE JV bid and was awarded a work known as "the SURAT-MANOR tollway PROJECT", by the NHAI. The JV entered into an agreement on 16. 10. 2000 with the NHAI, for the purpose of executing the contract namely, the surat-Manor Toll-way Project (hereinafter called the "surat Contract" ). One of the terms in the Surat Contract/agr