JUDGMENT :

Soumitra Saikia, J.

Heard Dr. A.K. Saraf, learned senior counsel assisted by Mr. R. Dubey, learned counsel for the appellants. Also heard Mr. P.N. Goswami, learned Additional Advocate General appearing for the State of Assam assisted by Mr. K.P. Pathak, learned counsel for the respondents.

2. Being aggrieved by the Judgment and order dated 29.06.2022 passed by the learned Single Judge, allowing the writ petitions filed by the respondent herein, the Assam Power Distribution Company Limited (APDCL) is an appeal impugning the Judgment and order passed by the learned Single Judge.

3. The facts leading to the dispute between the contesting parties resulting in the writ petition filed by the respondent relate to an Invitation For Bids (IFB) issued by the appellant— Assam Power Distribution Company Limited (hereinafter referred to as APDCL). The APDCL invited bids by way of the Invitation For Bids (IFB) dated 08.09.2021 for installation of “Off grid rural electrification works in district of Assam through standalone Solar PV System on turnkey mode under DDUGJY New Scheme.” The APDCL having been entrusted as the Project Implementing Agency (PIA) by the Rural Electrification Corporation Limited (REC), Government of India for execution of the Rural Electrification works in Assam through Standalone Solar PV System under Pradhan Mantri Sahaj Bijlee Har Ghar Yojana (SAUBHAGYA). The execution of the project is funded through financial assistance received by the Government of Assam from Rural Electrification Corporation Limited (REC). The ownership of the project shall remain vested in the Government of Assam. The project is to be executed by APDCL by awarding it to be the successful bidder through competitive e-bidding process on turnkey basis and all payments under the project shall be made from the financial assistance received by the Government of Assam. Clause-2 of the Invitation For Bids (IFB) shows the total number of package viz-a-viz the districts along with tender processing fees and Earnest Money Deposit (EMD) against each package. The Invitation For Bids (IFB) will be published through inter-alia the website and bidding documents including technical specifications is to be downloaded from the e-tendering portal of the Assam Government as well as the APDCL website. In terms of the Invitation For Bids (IFB) the bidders are to submit their bids in e-tendering portal of the Assam Government using their own digital signature certificate. In terms of the Invitation For Bids (IFB) a bidder may submit to a maximum 5 (five) number of packages separately in the same tendering process either individually as a bidder or as a partner of a consortium. The tendering processing fees and the Refundable bid securities (EMD) complete in all aspects as per the Bid Data Sheet (BDS) are to be submitted along with the bid proposal. It was a single stage bid formed by e-bidding for price bids. As per the information provided in the Bid Data Sheet (BDS) the validity of the bid was 180 days from the date of opening of the Techno- Commercial bid and the work completion period was on or before 31.12.2021.

4. The respondent considering itself to be eligible to participate in the bidding process submitted its bid for as many as 5 (five) numbers of packages and participated in that bidding process. The respondent submitted bids for the following packages:-

5. As per the Invitation For Bids (IFB) the scope of the works includes:-

“The scope of work includes site survey, planning, design, engineering, assembly manufacturing, testing, supply, loading, transportation, unloading, insurance, delivery at site, handling, storage, installation, testing, commission