JUDGMENT :

ASHUTOSH J. SHASTRI, J.

1. By way of this petition under Article 226 of the Constitution of India the petitioners have prayed for following reliefs:

“15. (a) That this Hon'ble Court be pleased to direct the respondent to consider the tender application of the petitioners (at Annexure B) by directing the respondent to consider the tender bid of the petitioners in time.

(b) This Hon'ble Court may be pleased to direct the respondent MGVCL to accept the technical bid of the petitioner; and further be pleased to direct the respondent to consider the physical copy of the tender received by MGVCL through India Post on 03.06.2022 in time.

(c) Pending the hearing and final disposal of the writ petition the Hon'ble Court be pleased to stay the tender process of the tender dated 09.02.2022 being Tender No. MGVCL/DSM/EOV/SRT/2021-22/2137 for Design, supply, erection, testing and commissioning including warranty, Comprehensive operation & maintenance of Grid - Connected Rooftop Solar Plant of various capacities under the Phase-II of Grid Connected Rooftop Solar Scheme of MNRE/SURYA Gujarat Scheme in the State Gujarat during the Year (2021-22) for Residential Consumers in Urban Area.

(d) Be pleased to quash and set-aside the condition of physical submission of tender copy by 02.06.2022 in the corrigendum XI dated 30.05.2022.

(e) Be pleased to quash and set-aside the rejection communication by the respondent MGVCL (at Annexure E).

(f) Pass such further and other order as the nature and Circumstances of the case may require.”

2. The case of the petitioners is that respondent No. 1 invited tender for Design, supply, erection, testing and commissioning including warranty, Comprehensive operation & maintenance of Grid - Connected Rooftop Solar Plant of various capacities under Phase-II of Grid Connected Rooftop Solar Scheme of MNRE/SURYA Gujarat Scheme in the State during the Year 2021-22 for Residential Consumers in Urban Area, being Tender No: EOV No. MGVCL/DSM/EOV/SRT/2021-22/2137 on 09.02.2022. Pursuant to such tender notice, since the petitioners are registered firms, they filled-in their respective Bids. Subsequently, the respondent-authority issued certain corrigendums extending the date for submission of Bids online as well as off-line from time to time. By detailing out in paragraph No. 6, in the form of Chart, the respective dates have been mentioned by virtue of which, the petitioners have submitted their respective Bids. The said Chart reads as under:

2.1 According to the petitioners, the requirement of MGVCL was to send physical copy of documents only through RPAD or Speed Post from Government Postal Department. The petitioner No. 3 after submitting online Bid tried to contact several branches including the main branch of Indian Post in Ahmedabad to ensure that post reaches the office of MGVCL by 02.06.2022 and later on, as advised by several branch offices of Indian Post, the petitioner No. 3 had personally went to Vadodara in the main branch for same day delivery but despite that, the post had reached the respondent on 03.06.2022. Petitioners have further asserted that in all previous corrigendums, the general time limit for submission of physical d