Sanjeev Sachdeva, J.

1. Both writ petitions have been filed challenging the non-award of contract to the respective Petitioners for the Design, Manufacture, Supply, Testing, Commissioning and Training of 486 number Standard Gauge Cars Electrical Multiple Units meant for 81 trains of six cars each. The writ Petitions were taken up simultaneously. W.P. (C) NO. 1853/2013 was argued as the lead matter, thus the factual matrix has been extracted from the lead matter.

2. The factual matrix leading to the present petition is as under: The Respondent No. 1 Delhi Metro Rail Corporation sought to implement Phase-III of the Mass Rapid Transport System for Delhi and its extension, covering the corridors of Mukundpur -Rajori Garden – Dhaula Kuan – Maujpur - Gokulpuri and Janakpuri (West) – Munirka – Kalkaji – Kalindi Kunj – Botanical Garden (Noida).

3. With the objective of keeping up with the increase of traffic demand in Delhi by extending the Mass Rapid Transporting System (MRTS) the Hon’ble President of India entered into a loan agreement for the Respondent No. 1 Delhi Metro Rail Corporation with Japan International Cooperation Agency (JICA) on 29.03.2012.

4. The loan agreement stipulated the following conditions for the bidding procedure:-

A. The Borrower shall, before opening price proposals:-

(i) submit to JICA, for JICA’s review and concurrence, the analysis of technical proposal, together with a request for review of Analysis of technical proposals.

(ii) submit to JICA, for JICA’s reference, such relevant documents as JICA may reasonably request.

When JICA has no objection, JICA shall inform the Borrower accordingly by means of a Notice regarding Analysis of Technical proposals.

B. Before sending a notice of award to the successful bidder:-

(i) the Borrower shall submit to JICA, for JICA’s review and concurrence, the analysis of bids and proposal for award, together with a Request for Review of Analysis of Bids and Proposal for award.

(ii) the Borrower shall submit to JICA, for JICA’s reference, such other documents related to the award, such as tender documents, as JICA may reasonably request.

When JICA has no objection to the said documents, JICA shall inform the Borrower accordingly by means of a Notice regarding Analysis of Bids and Proposal for Award.

5. The Respondent No. 1 after receiving the approval from Japan International Cooperation Agency (JICA) on 2.3.2012 for No Objection to the notice regarding tender documents, invited tender “RS 10” on 03.03.2012 for procurement of Design, Manufacture, Supply, Testing, Commissioning and Training of 486 number Standard Gauge Cars Electrical Multiple Units (81 trains) through International Competitive Bidding (Open Tender) as per Japan International Cooperation Agency JICA procurement guidelines.

6. The notice inviting tenders was issued by the Respondent No. 1 on 03.03.2012 and 18 tenders are stated to have been purchased by various parties for applying against the tender. The due date for submission of tenders was extended from time to time at the request of the bidders and the tenders were finally submitted on due date i.e. 18.09.2012.

7. During early May, 2012, one of the bidders suggested adopting energy consumption values for evaluation. Since the original tender specifications did not include parameters of energy consumption values for evaluation, the Respondent No. 1 issued specific instructions to all bidders on 18.05.2012 to follow the tender conditions.

8. The Respondent No. 1 had adopted Communication Based Train Control (CBTC) technology for Train Control and Signaling System of Phase-III Corridors. This technology was adopted for achieving efficient control, lesser headway (Higher frequency) and enhanced operational flexibility in movement of trains on the rail network. The CBTC technology was adopted as it facilitated and supported the operation of trains in Driverless mode.

9. The Signaling department and the Rolling Stock Department of Responde