Smt. Anima Hazarika, J.

1. Challenge in this writ petition is made against the notice for re-tendering vide Tender Specification No. AEGCL/MD/Tech-270 (Kh-Rot)/2009 Revised or any process relating to the said tender seeking a direction to award the work as per the Tender Specification No. AEGCL/MD/Tech-270 (Kh-Rot)/2009 to the Petitioner being the lowest bidder in terms of Notice Inviting Tender ('NIT' for short) dated 14.6.2009.

2. The ground seeking the relief as indicted above is summarized here in below:

The Respondent No. 2, the Assam Electricity Grid Corporation Ltd. ('AEGCL') issued a NIT on 14.6.2009 from experienced and resourceful firms for the works covering supply of materials, conductors, insulators, hardware materials, etc., including erection, stringing, testing and commissioning for raising the height of 220 kv 4 ckt, Khanapara-Sarusajai line at Khanapara Rotary under deposit scheme which was published in the daily English newspaper 'The Assam Tribune'. In the said publication the period of sale of tenders were fixed from 22.6.2009 to 30.6.2009 (on working days) and last date and time of submission of tender papers were fixed at 14:00 hrs. of 10.7.2009 and the tender opening time and date at 14:30 hrs. of 10.7.2009. However, the Managing Director, AEGCL reserved the right to accept or reject any or all; tenders without assigning any reasons. The Respondent No. 2 thereafter issued another publication in the said daily dated 12.7.2009 whereby the period of sale of tenders were extended from 13.7.2009 to 20.7.2009 wherein last date of submission of tenders were fixed at 14:00 hrs. of 27.7.2009 and the date and time of opening the tenders were fixed at 14:30 hrs. of 27.7.2009. Causes of extension of time as rescheduled was shown "due to unavoidable circumstances" as indicated in the said publication.

Respondents adopted two bid system of Techno-Commercial bid for evaluation of the offer of the tender in which price bids were to be opened only of those bidders who were technically found qualified. Thereafter, the tenders were opened whereby it was found that there were two bidders including the Petitioner followed by Techno-Commercial bid for evaluation of the offer of the tender in which price bids were to be opened only of those bidders who were technically qualified. But by communication dated 12.10.2009 the Respondent No. 2 informed the bidders that the scope of works specified in tender for height raising works of the 220 kv 4 Ckt Khanapara-Sarusajai transmission line at Khanapara Rotary on turnkey basis has been changed and, therefore, the evaluation of the tender by omission and inclusion of items may create confusion as the tender was invited on turnkey basis. Therefore, Tender Purchase Committee ('TPC') vide its Resolution No. 1 dated 9.10.2009 has resolved to cancel the tender and invite fresh tender as per revised specification. In the above changed circumstances both the bidders were informed that if they are interested they may participate in the fresh tender for the works and the revised specification will be issued free of cost. Thereafter the Respondent No. 2 issued notice for re-tender in the English daily newspaper "The Sentinel" in its issue dated 15.9.2009, whereby sale of tenders were fixed from 16.10.2009 to 26.10.2009 (on working days) and last date and time of submission was fixed at 13:00 hrs. of 2.11.2009 and opening (technical part) time and date was fixed at 13:30 hrs. of 2.11.2009 which is under Challenge before the court seeking reliefs as indicated above.

3. Heard Mrs. A. Sarma, Learned Counsel appearing for the Petitioner. Also heard Mr. B.D. Das, learned Senior counsel assisted by Mr. H.K. Sarma, Learned Counsel appearing for Respondent Nos. 1 to 5 and Mr. I. Rafique, Learned Counsel appearing for Respondent No. 6.

4. Drawing the attention of the court, Mrs. Sarma, Learned Counsel appearing for the Petitioner would submit that the earlier work specified in tender specification and