JUDGMENT

Satish Chandra Sharma, C.J.

1. Aggrieved by the rejection of its bid in respect of a tender bearing Tender No. RITES/RCED/RI/SHMS/2019/02/R1 issued in October 2022 by RITES Limited ("Respondent No. 1" or "RITES") ("Subject Tender") in respect of `Engagement of system integrator for supply, installation, testing, commissioning and maintenance of monitoring system for Structural Health Monitoring System (SHMS) for Bogibeel Rail cum Road Bridge across the Brahmaputra river near Dibrugarh, Assam, India' ("the Project"), the Petitioner has filed the instant writ petition praying for the following reliefs:

"A. A Writ and/or Writs in the nature of Certiorari do issue directing the Respondent authorities, their men, servants, agents, officers and subordinates to forthwith certify and transmit/produce and/or cause production of all papers, documents, files and records connected with or related to the present dispute between the parties so that the same may be perused by this Hon'ble Court and conscionable justice can be rendered;

B. A Writ and/or Writs and/or Order and/or Orders and/or Direction or Directions in the nature of Mandamus do issue commanding the Respondent authorities to reject and/or cancel the technical bid of the Respondent no. 6 and declare the Petitioner no. 1, which is the L1 bidder to be the successful bidder in place of the Respondent no. 6 in terms of the Tender no. RITES/RCED/RI/SHMS/2019/02/R1 of October, 2022 and to allot the Letter of Award in favour of the Petitioner herein in accordance with the law;

C. A Writ and/or Writs and/or Order and/or Orders and/or Direction or Directions in the nature of Mandamus do issue commanding the Respondent authorities to revoke, rescind, recall and/or withdraw the decision of awarding the Letter of Award/contract under the present Tender to the Respondent no. 6 on 10th April, 2023 by rejecting both the technical bid and the financial bid submitted by the Respondent no. 6 herein;

D. A Writ and/or Writs and/or Order and/or Orders and/or Direction or Directions in the nature of Prohibition do issue prohibiting the Respondent Authorities to act upon the decision to issue the Letter of Award In favour of the Respondent no. 6 herein till adjudication of the instant petition in any manner;

E. Rule NISI in terms of prayers above;

F. Order restraining the Respondent no. 1 and/or their men, servants, agents, assigns and/or anyone claiming through or under them or acting on their behalf from issuing and/or entering into any formal work order/contract/agreement with the private Respondent no. 6 under the present Tender or taking any steps/further steps and/or causing any steps/further steps to be taken in pursuance of the Letter of Award issued to the Respondent no. 6, till the disposal of the present writ petition;

G. Ad interim orders in terms of prayers above;

H. Appropriate order as to costs; 1. Such further or other order or orders be passed and/or direction or directions be given as to this Hon'ble Court may deem fit and proper."

2. It is stated in the writ petition that Petitioner No. 1 is a leading manufacturer and supplier of bridge components such as bridge bearings, expansion joints, seismic devices, and structural health monitoring systems. Petitioner No. 2 is a citizen of India and employed by Petitioner No. 1. The tender issuing authority i.e., RITES is a public sector enterprise under the Ministry of Railways ("Respondent No. 5"). Respondent No. 2 is the Executive Director (Building Projects), RITES and Respondent Nos. 3 & 4 are independent external monitors for the Subject Tender. Respondent No. 6 is a private Respondent who has participated in the Subject Tender and is stated have been awarded the LoA in respect of the Subject Tender. Respondent No. 7 Is the Northeast Frontier Railway ("NFR") and Respondent No. 8 is the Ministry of Commerce and Industry.

3. The facts of the case reveal that Petitioner No. 1 participated in the Subject Tender and its bid successfully met th