JUDGMENT

P.K.Deka, J. - Heard Mr. R. Dubey, the learned counsel for the petitioner, Mr. S. Dutta, the learned Senior Counsel assisted by Mr. U. Chaudhury, the learned counsel for the private respondent No. 6 and Ms. M. Bhattacharjee, the learned Additional Senior Government Advocate, Assam for the State respondents.

2. I have considered the submissions made by the learned counsel. The Notice inviting Tender (NIT) No. NS.75/2013/NFSA-TC/334 dated 23.09.2019 was issued by the Deputy Commissioner, Nalbari the respondent No. 3 inviting e-tender for transportation of food grains under NFSA 2013. The e-tender was 2(two) tier system comprising of Technical and Financial bids. For the technical bid the employer stipulated certain criteria to be fulfilled supported by documents. Clause 19 of terms and conditions stipulates as follows:-

'Clause 19: The Technical bid shall consist of all required papers in NIT, scan copy of Earnest Money Deposit to be uploaded with Technical bid. The financial bid shall consist of rate quote in the form of BOQ. The rate should not be given in technical env