ORDER :

1. Heard Mr. J. Roy, the learned counsel for the petitioner. Also heard Mr. J.I. Borbhuiya, the learned counsel for the private respondent No. 6 and Mr. B. Goswami, the learned Additional Advocate General, Assam assisted by Mr. P. Kakati, the learned standing counsel for the Water Resources Department, Assam representing the respondent Nos. 1, 2, 3, 4 and 5.

2. The Chief Engineer, Water Resources Department, Government of Assam published Invitation for Bids under Reference No. KARIMGANJ/2019-20/SOPD-FDR/1 (Retender) for package No. 1 of the Scheme “Reconstruction of Breached embankment at Dullavpur and Mukamerbond along with improvement of Shingla R/B embankment from Phanirbond to Dullavpur including anti-erosion measures at different reaches” with the following tender time schedule:

“Tender Time Schedule:

Note: In the event of any bandh and holiday, same time on the next working day shall be taken into account.

Pre-bid meeting will be held one time in a year for a particular category of scheme which has already been held for SOPD-FDR schemes.”

3. In the appendix to tender schedule in the note it was mentioned as follows:-

“2. Submission of technical bid along with earnest money and bid document fee on or before 14.00 hrs. of 26.2.2020. In case if any holiday occurs the next working day will be considered.”

4. Section 1 of the bid document which stipulates instructions to bidders (ITB) amongst other includes the following clauses:-

“Clause 1 : Scope of bid

(IV) In case of single bidder in a particular package, the employer has full right to accept the single bid if it is within the sanctioned estimated amount as the tenders are widely published in newspapers and website and sufficient time frame of 21 days is provided for bid submission.

Clause 10 : Amendment of bidding documents.

(I) Before the deadline for submission of bids, the Employer may modify the bidding/documents by issuing addenda.

Clause 17 : Format and signing of bid

(I) The Bidder shall submit both technical and financial bids through online. One hard copy of technical bid along with supporting documents as per ITB and clearly marked “HARD COPY of Technical bid”. In the event of discrepancy between on line and manual technical bid, the bid will be cancelled.

Clause 18 : Submission of bid (online mode/offline mode)

(I) Only online bids will be accepted. Both technical and financial bids will have to upload through on-line. However, one hard copy of technical bid (supporting documents self-attested of the ITB) is to be submitted in the office of CE, WRD office (before 16.00 hrs. of bid submission end date) for verification and checking authenticity of documents during evaluation.

Clause 20 : Deadline for Submission of the Bids

(I) Complete bids (including technical and financial) must be received by the employer at the address specified above and not later than the date indicated in appendix. In the event of the specified date for the submission of bids declared a holiday or the office remained closed on extraordinary circumstances like bandh, etc., for the employer, the bids will be received up to the appointed time on the next working day.

(II) The employer may extend the deadline for submission of the bids by issuing an amendment in which case all rights and obligations of the employer and the bidders previously subject to the original deadline will then be subject to the new deadline.

5. The petitioner participated and submitted his bids prior to 25.2.2020, 14.00 hrs. which is the bid submission end date. On the basis of the said tender time schedule it wa