B.K. Sharma, J.

1. Both the writ petitions assailing the particular tender process have been heard together and are being disposed of by this common judgment and order. The Petitioners being aggrieved by the particular clause in the NIT rendering them ineligible to participate in the tender process have invoked the writ jurisdiction of this Court assailing the legality and validity of the same with further prayer to issue a writ of mandamus directing the Respondents to allow the Petitioner to participate in the tender process.

2. The Respondent corporation has issued the NIT dated 13.4.2007 inviting tenders for charter hiring of 3 Nos. of Steam Generating Units (SGU) for a period of 6 months in its website. The tender documents were to be issued from 13.4.2007 to 23.4.2007 and the bids were to be opened on 1.5.2007. Be it stated here that the tender involves two bids system. The pre qualification criteria has been indicated in the NIT, which is quoted below:

Pre qualification criteria

(Note: The tender document will be issued to those bidder(s) who furnish original documents meeting the pre-qualification criteria, within 10 days of publication of the tender on the website.

Bidde