JUDGMENT :

Nani Tagia, J.

1. Heard Mr. R. Iralu, learned Sr. counsel assisted by Mr. L. Iralu, learned counsel for the petitioner and Mr. Kekhriengulie, learned Addl. Advocate General for the State as well as Mr. A. Zhimomi, learned counsel representing respondent No. 2.

2. This writ petition under Article 226 of the Constitution of India is directed against the following:-

(i) Minutes of Meeting dated 06.07.2020 (Annexure-5 to the writ petition), in so far it recommends the bid of the respondent No. 2 for opening of the Financial Bid for the work "Strengthening of NH-61 (new NH2) from km 0.00 to Km 6.00 during 2019-20 under NH Division No. 1 Kohima on EPC Mode in the State of Nagaland;

(ii) Bid opening summary (Financial Bid) of the Minutes of Bid Evaluation dated 22.07.2020, whereby the respondent No. 2 has been shown as L-1 bidder;

(iii) letter dated 17.07.2020 written by the Chief Engineer, PWD (National Highways) Kohima, Nagaland, to the Power of Attorney Holder of the petitioner vide No. CE/NH/NH(O)/2019-20/102, whereby it has been informed that non submission of the processing fee is not part of the qualification criteria of the bidder as per the Request for Proposal (for short, 'RFP') document; and

(iv) letter dated 22.07.2020 written by the Executive Engineer (D) for Chief Engineer, PWD (NH) Nagaland, Kohima, vide No. CE/NH/NH(O)/2019-20/102 to the Power of Attorney Holder of the petitioner whereby, while reiterating that processing fee is not a part of the qualification criteria of the bidder as per RFP document as informed vide letter dated 17.07.2020, it has been further informed that processing fee shall be physically submitted by the bidder.

3. The facts leading to filing of the present writ petition may, briefly, be stated as follows:-

The respondent No. 1 had issued National competitive Bidding through e-Tendering mode dated 04.03.2020 vide No. CE/NH/NG/2019-20/NIT-1, whereby bids were invited from the eligible contractors for 4 (four) projects. The project with which the present writ petition is concerned is in respect of "Strengthening of NH-61 (new NH 2) from 0.00 km to 6.00 during 2019-20 under NH Division No. 1 Kohima on EPC Mode in the State of Nagaland". Apart from various details like, Length in Km, Bid Security, Estimated cost, Tender Fee, period of completion; cost of processing fee was also indicated to be Rs. 10,000/-. In the said NIT, cost of processing fee is indicated as non-refundable to be deposited by a Demand Draft (DD) from any Nationalized/Scheduled Bank in favour of Chief Engineer, PWD (NH), Kohima, Nagaland payable at Kohima. Though the last date for submission of the online bid was fixed on 06.04.2020 at 12.00 hours in the said NIT, yet, the last date for submission came to be extended by various corrigendums issued by the Chief Engineer, PWD, (NH), from time to time, annexed as Annexure-3 (colly), and the last corrigendum dated 14.05.2020 vide No. CE/NH/HG/2019-20/NIT-1 was issued extending the last date of request for bid documents as well as bid submission on 21.05.2020 at 12.00 hours. Accordingly, in pursuance, thereof, the petitioner and the respondent No. 2 along with other bidders submitted their respective bids whose technical bid was eventually evaluated on 06.07.2020. In the bid evaluation made on 06.07.2020, the technical bid of the petitioner as well as respondent No. 2 along with another bid of M/s. Vilelie Khamo & Sons were found to be technically responsive and was forwarded and recommended for evaluation of financial bids of the respective bidders. Consequent upon the recommendation made by the Technical Bid Evaluation Committee on 06.07.2020, the financial bid was opened and evaluated on 22.07.2020, wherein, it has been found that the respondent No. 2 is the L-1 bidder, the petitioner as L-2 bidder and one M/s. Vilelie Khamo & Sons as the L-3 bidder.

4. The petitioner is