JUDGMENT :

Heard Mr. N. Ratan, learned counsel for the petitioner. Also heard Mr. S. Tapin, learned Senior Government Advocate representing respondent Nos. 1 to 6 and Mr. N. Pada, learned counsel appearing for respondent No. 8.

2. This writ petition is directed against the letter, dated 28.08.2020 written to the Chief Engineer(CZ-B), Arunachal Pradesh, Pasighat by the Under Secretary, PWD, Government of Arunachal Pradesh, Itanagar, vide No. SPWD/PE-06/NESIDS/CZ-B/2019-2020(Pt)/188 whereby, it has been conveyed that the tender documents of the petitioner for the work “C/o Road from Rumgong ADC Hq to connect Kaying EAC Hq (64.00 km) (Phase-I) (Molom to Bogne Village 23.00 km) in Siang District of Arunachal Pradesh”, which was recommended for approval has not been approved by the government and directed the Chief Engineer(CZ-B), PWD, Arunachal Pradesh, Pasighat to call for a fresh tender. Also prayed for is a writ in the nature of mandamus directing the respondent authorities to award the work to the petitioner as per the recommendation, dated 17.02.2020, made by the Chief Engineer (CZ-B), PWD, Arunachal Pradesh, Pasighat.

3. The facts leading to filing of the present writ petition, briefly stated, are as follows;

Invitation for Bid (IFB) was issued by the Executive Engineer, Rumgong Division, PWD, Arunachal Pradesh vide NIT No. EE/RUM/NESIDS/E-NIT/04, inviting online items rate bids from approved and eligible Contractors of CPWD and those appropriate list of M.E.S, BSNL and RAILWAY and State PWD Class-1 A (B&R) Civil categories in Arunachal Pradesh for the work “Construction of Road from Rumgong ADC Hq to connect Kaying EAC Hq 64 km (Ph-I) (Molom to Bogne village 23.00 Km in Siang District of Arunachal Pradesh)”. Availability of tender paper online for bidders was indicated to be on and from 22.07.2019 (1330 hours) to 08.08.2019 (1500 hours). Start and end date and time for online submission of bids was indicated as 29.07.2019 (1500 hours) to 08.08.2019 (1600 hours) and the date and time for opening of the bid was 09.08.2019 (1100 hours) in the IFB. Pursuant to the aforesaid IFB, dated 21.07.2019, as many as seven bids were submitted. Upon evaluation of the bids submitted by the Chief Engineer(CZ-B), PWD, Arunachal Pradesh, Pasighat along with Superintending Surveyor of Works, Office of CE, CZ-B, PWD, Pasighat and two Surveyor of Works, Office of CE, CZ-B, PWD, Pasighat, the bid of the petitioner was found to be substantially responsive and considered as qualified bidder. Thereafter, the Chief Engineer(CZ-B), PWD, Arunachal Pradesh, Pasighat, vide letter dated 17.02.2020 had submitted the tender paper of the petitioner to the Commissioner, PWD, Government of Arunachal Pradesh for his approval. The Under Secretary, PWD, Government of Arunachal Pradesh, however, in reply to the letter, dated 17.02.2020, by the Chief Engineer(CZ-B), PWD, Arunachal Pradesh, Pasighat vide No. CEAP(CZ-B)/W-4/NESIDS/BC/RD/DraftNIT/3/2019-20/6188, by the impugned letter, dated 28.08.2020, instead of approving the bid of the petitioner as recommended, by the impugned letter, dated 28.08.2020, has written to the Chief Engineer(CZ-B), PWD, Arunachal Pradesh, Pasighat to call for a fresh tender, while informing that the bid of the petitioner has not been approved by the Commissioner, PWD, Government of Arunachal Pradesh.

4. Mr. Ratan, learned counsel for the petitioner by referring to instruction issued to the bidder (ITB), more particularly, Clause 23.1, 26.1 & 2, 29.1, 31.1 and 32.1, has argued that the employer who has been defined in the ITB as the Chief Engineer, Central Zone, PWD will open all the bid received in the presence of the bidders or their representative, on a date and place specified and proceed to evaluate the technical bid by determining whether the bid meets the eligibility criteria; has been properly singed; is accompanied by the required securities and substantially responsive to the requirement of the bidding documents. Thereafter, respons