S. RAVINDRA BHAT, J.

Facts

1. The present Writ Petitioner challenges the declaration of its bid as non-responsive by Bharat Sanchar Nigam Limited (hereafter “BSNL” or “Respondent No. 3”) in these proceedings, under Article 226 of the Constitution of India.

2. The facts are that BSNL on 08.04.2016 issued a Notice Inviting e-Tender (“NIT”) calling for sealed online bids (tenders) for survey, planning, supply, installation, testing, commissioning, integration with existing core network and operations and maintenance for five years of 2G GSM BSS network along with VSAT, HUB and radio backhaul to provide coverage in uncovered villages of Arunachal Pradesh and Karbi Anglong and Dima Haso Districts of Assam. The eligibility criteria for participation was laid down in the NIT and the entire tender document could be obtained on payment of Rs.10,000.

3. The petitioner, an Indian Company, is engaged inter alia in the business of manufacturing, sale and supply of 2G BSS compliant equipment along with other allied products. The petitioner paid the requisite amount of Rs.10,000 and obtained the complete set of tender documents. Clause 11 of Section 4B of the said Tender stipulated that the