Point of Law : Where the parties had executed lease deeds incorporating therein the rights, liabilities and obligations of the parties inter se, in the case in hand, the parties had not entered into any contractual relationship.

JUDGEMENT :

By invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has approached this Court by this writ petition challenging inter alia a decision communicated to it vide a letter bearing reference no. NTPC/BgTPP/C&M/CS/3826 dated 05.11.2019 whereby it has been informed that the bidding process initiated by the Bidding Document no. BgTPP/C&M/CS/3826 dated 07.05.2019 has been closed and also the decision communicated to it by a letter bearing no. NTPC/Bg/TPP/C&M/CS/3826 dated 05.12.2019 whereby it has been informed that the bidding process has been annulled as per Clause 12.0 of the Invitation For Bids [IFB]. Besides seeking setting aside of the said two impugned decisions taken by the respondent authorities, the petitioner has also sought for a direction to settle the Contract-Work in its favour as it had emerged as the successful bidder in the bidding process initiated for the said Contract-Work by the Bidding Document [supra].

2. The background events leading to the institution of the writ petition can be exposited, in brief, as follows :-

2.1. The respondent no. 1 i.e. National Thermal Power Corporation Limited [NTPC Ltd.] [hereinafter referred to as ‘the respondent Corporation’ and/or ‘NTPC’, for brevity] published a Bidding Document bearing BgTPP/C&M/CS/3826 dated 07.05.2019, whereby, it invited sealed bids from eligible bidders for a contract-work : ‘Construction of Permanent School Building [Higher Secondary School] at NTPC-Bongaingaon for Bongaingaon Thermal Power Project’ [‘the Contract-Work’, for short] situated at Kokrajhar district in the State of Assam. The brief scope of work is as follows :-

“Construction of permanent school building [higher secondary school] including Civil and Finishing, Internal Electrification, Plumbing & Sanitary Works at Township of NTPC BgTPP, Salakati as per BOQ, Specifications, Terms and Conditions, Drawings and Instruction of Engineer-in-Charge.”

2.2. Responding to the said Bidding Document dated 07.05.2019, 5 [five] nos. of bidders including the petitioner herein, participated in the bidding process by submitting their bids. The bidding process prescribed for qualifying requirements for bidders. The tendering authority, that is, the respondent Corporation as qualifying requirements for bidders had also set forth technical criteria and financial criteria.

2.3. After the last date of submission of bids was over, the bids of the 5 [five] participating bidders were opened and a tender committee constituted for the purpose, evaluated the bids of all the 5 [five] bidders. The names of the 5 [five] participating bidders are as under :

2.4. During the process of evaluation, the bid of one of participating bidders viz. M/s Satyendra Kumar Construction Private Limited was rejected on the ground of non-deposit of fee. The bid of another bidder viz. Maniraj Brahma was also rejected finding his bid technically non-responsive. Bids of the remaining 3 [three] bidders were found technically responsive and accordingly, the financial bids of the said 3 [three] technically responsive bidders were opened. The petitioner was one of the 3 [three] bidders whose technical bid was found responsive.

2.5. After evaluation of the financial bids, the petitioner was informed by a communication dated 14.08.2019 by the respondent Corporation whereby the respondent Corporation requested the presence of the petitioner’s authorized competent representative at the office of the respondent Corporation on any working day on or before 16.08.2019 for techno-commercial discussion/negotiation on its offer su