JUDGMENT

Subramopium Prasad, J. The instant Writ Petition has been filed by the Petitioners under Article 226 of the Constitution of India with the following prayers:

a) Quashing of the letter/communication dated 28.02.2022 issued by the Ministry of Road Transport and Highway, whereby the Respondent has cancelled the Letter of Award (hereinafter referred to as `the LOA') dated 25.11.2021issued in favour of Petitioner, and has also annulled the entire tender process;

b) Cancellation of the fresh tender dated 03.03.2022, issued by the Respondent, and consequently;

c) Directing the Respondent to execute the `Contract Agreement' in favour of Petitioner pursuant to the award of contract vide LoA dated 25.11.2021.

2. The relevant facts leading to the filing of the instant Writ Petition are as follows:

a. On 20.05.2021, the Respondent floated a Request for Proposal ("RFP") dated 20.05.2021 for `Consultancy Services for Authority's Engineer for Supervision of Civil Construction Work of New 4 Lane Bridge (Parallel to the Existing MG SETU) with its Approaches from KM 0/000 to 14/500 across river Ganga NH-19 at Patna in the state of Bihar on EPC' ("Project"). Vide Clause 2 of the RFP, the Respondent imposed the following condition:

"As such before submitting the proposal the Consultant shall mandatorily register and enlist themselves (the firm and all key personnel), on the MoRTH portal "INFRACON" and furnish registration details along with its RFP. A copy of Infracon Operation Procedure is also enclosed for bidders reference."

b. Further, Clause 3.4 of the RFP stated that the Technical Proposal must provide, inter alia, the following:

"The CVs of following six key personnel in the format as per Appendix-B-6 is to be furnished on INFRACON portal (Team Leader cum Senior Bridge Engineer, Resident Engineer cum Bridge/Structural Engineer, Highway Engineer cum Pavement Specialist, Senior Quality cum Material Expert, Senior Geo-technical Engineer, Senior Contract Specialist.)"

c. On 19.07.2021, the Petitioner No. 1 submitted its bid, after complying with the aforementioned prerequisites.

d. On 03.08.2021, the Respondent sought an undertaking from Petitioner No. 1 to the effect that it would replace its Team Leader, one Sh. Devender Singh, to avoid conflict of interest, as he had previously worked with the present Project's contractor. The said undertaking was furnished by the Petitioner on 05.08.2021.Later, vide an email dated 22.11.2021, the Petitioner replaced the said Team Leader, in order to show its bona fides.

e. Thereafter, on 20.07.2021, the technical proposal was opened, wherein the bid of the Petitioner, along with 3 other bidders, was found to be responsive.

f. Vide an email dated 04.08.2021, the Respondent communicated that a complaint had been received against the Senior Geo-technical engineer of the Petitioner's team. The Petitioner addressed a clarificatory email dated 06.08.2021. These complaints were disposed of vide a Technical Result on 12.11.2021, after being evaluated by the `Evaluation Committee'.

g. On 15.11.2021, financial bids were opened, whereby the Petitioner emerged as the H1 bidder.

h. Thereafter, on 16.11.2021, a complaint was received by TPF Engineering Pvt. Ltd i.e. the H-2 bidder ("Complainant") alleging that the CVs of two personnel of the Petitioner namely, a) the Resident Engineer cum Bridge Engineer-Sh. Lalan Singh, and b)Senior Quality cum Material Expert-Shehzad Khan were fabricated, fake and bore forged signatures ("said Complaint").

i. On 25.11.2021, the Respondent issued the LoA in favour of the Petitioner. As per Clause 7.1 of the RFP, the Petitioner was required to submit a bank guarantee for an amount of 3% of the contract value within 15 days. On the same day, the Petitioner received an email from the Respondent which stated as follows:

"...suitable, such person will not be allowed to participate for 1 year in Ministry/NHAI/NHIDCL projects. The Consulting Firm will be given only one opportunity to re