JUDGMENT :

The legality and correctness of a decision dated 14.06.2023 taken by the Technical Bid Evaluation Committee of the PWD (NH) by which the bid of the petitioner no. 1 has been held to be technically non-responsive is the principal subject matter of challenge in this petition filed under Article 226 of the Constitution of India. Amongst others, the ground of challenge is non-application of mind to the relevant factors and taking into account extraneous and irrelevant factors for rejecting the bid of the petitioner.

2. Before going to the issue which has arisen for determination, the facts of the case can be briefly narrated as follows.

3. A Notice Inviting Tender (NIT) dated 11.04.2023 was floated by the PWD (NH), Assam for the work of “periodic renewal of Makum – Rupai Bypass from Km 0.000 to Km 23.482 (L = 23.482 km) under ARP for 2022-23 under EPC mode under Dibrugarh NH Division in the State of Assam bearing Job No. TA/15/2022-23/266 and being Package No.PWD-NH(R)/DIB/2023-24/EPC/01”. The petitioner no. 1 is a Company which was incorporated on 02.06.2022 and is a Class-I (A) registered contractor and had submitted its bid by claiming that it meets all the eligibility crit