JUDGMENT :

The instant application has been filed under Article 226 of the Constitution of India challenging the legality and validity of a communication dated 11.08.2023 issued by the respondent authorities whereby the private respondent no. 3 has been awarded contract. While the petitioner claims that in the tender process, the petitioner had emerged as the L1 bidder, the award has been given by the impugned order to the respondent no. 3, who was the L4 bidder.

2. Before going to the issue which has arisen for determination, it would be beneficial if the facts of the case are narrated in brief.

3. The respondent Railways had initiated a tender process for the work of installation and display system for upgradation of Station at 11 numbers of Stations under the Amrit Bharat Station Scheme of the Rangia Division. Such display system was by use of Video Wall and Monitor/TV. The claimant petitioner, who claims to be eligible in all respect, had submitted its bid by offering an amount of Rs.1,67,59,615.83/- and was adjudged the L1 bidder. On the other hand, the bid of the respondent no. 3 was for an amount of Rs.1,95,20,685.83. However, vide the impugned communication dated 11.08.2023