B.D. Agarwal, J.

1. In this writ petition, precisely, I am called upon to answer the question-whether two Bids, one in the individual capacity and the other one as joint venture firm, can be termed as 'tenders in collusion' and non-responsive.

2. Heard Sri P.K. Goswami, learned senior counsel for the writ Petitioner as well as Sri N. Dutta, learned senior counsel and Sri G.N. Sahenwalla, learned senior counsel for the Respondent Nos. 5 and 6 respectively. Respondent Nos. 1, 2, 3, 4, 7 and 8 (hereinafter referred to as "ASEB") were represented by Sri B.D. Das, learned standing counsel.

3. The facts necessary for deciding this writ petition are as follows:

The Aseb Published Invitation TO BID (INV) on 31.5.2008 under Memo No. ASEB/CGM/(RE)/RGGVY/KANCH/2008 inviting Domestic Competitive Bids for execution of electrification works in the rural areas of Karbi Anglong district of Assam under "Rajiv Gandhi Grameen Vidyuitikaran Yojana, conceived by Rural Electrification Corporation of India. The works were divided under five packages. The present controversy relates to "Package KANCH-4 which relates to supply, construction of 11 KV lines, LT lines and installation of Distribution Tran