Govind Mathur, J.

These appeals are before us to examine correctness of the judgment dated 2.2.2016 passed by learned Single Bench in SB Civil Writ Petition Nos. 9188/2015 and 9186/2015. By the judgment aforesaid learned Single Bench dismissed the writ petitions challenging the decision of respondent Public Health and Engineering Department to reject the petitioners bid from consideration for tendering works referred in the notice inviting tender dated 21.4.2015.

2. The factual matrix necessary to be noticed for adjudication of present appeals is that under a memorandum of understanding dated 2.7.2015 M/s GVPR Engineers Ltd. and M/s DARA Construction Company Ltd., both the companies incorporated agreed to form a Joint Venture to do business in the name of “GVPREL-DARA Joint Venture” (hereinafter referred as the 'Joint Venture'). Suffice to mention that both the partners of the Joint Venture are registered contractors with respondent department in “AA” class. The office of the Chief Engineer, Public Health and Engineering Department, Jodhpur acting on behalf of the Governor of Rajasthan invited tenders from “AA” class contractors for execution of following works:-

(1) NIT No. 1/15-16 -

'BLWSP Ph.II Part 'C” : KKD Sheo Bhadakha Barmer–Drinking Water Supply Project in Barmer District on Single Responsibility Lump Sum based contract, which includes providing laying, jointing, testing and commissioning of Transmission and Cluster Distribution mains, RCC ground level/elevated reservoirs, pumping arrangements, control of flow with Meters, FCVs. PLC & SCADA, Electric Transformers, IEC activities etc. and allied activities District-Barmer.

(2) NIT No. 2/15-16 -

'BLWSP Ph.II Part 'D' : BKG Devikot Sangar Fatehgarh – Drinking Water Supply Project in Barmer District on Single Responsibility Lump Sum based contract, which includes providing laying, jointing, testing and commissioning of Transmission and Cluster Distribution mains, RCC ground level/ elevated reservoirs, pumping arrangements, control of flow with Meters, FCVs. PLC & SCADA, Electric Transformers, IEC activities etc. and allied activities District-Jaisalmer.

3. The estimated cost of work under NIT No. 1/15-16 and NIT No. 2/15-16 is Rs. 567 crores and Rs. 395 crores respectively. The earnest money deposit (hereinafter referred as 'EMD') to bid for the work tenders invited is Rs.1134 lacs and Rs.790 lacs for NIT No. 1/15-16 and NIT No. 2/15-16 respectively. Respondent Public Health and Engineering Department under the notice inviting tenders dated 21.4.2015 permitted the Joint Venture to participate in tender process and to have work, if tendered subject to comprising not more than two Indian firms/companies. The participation of such Joint Venture would be regulated as per Rule 39 of “The Rajasthan Transparency in Public Procurement Rules, 2013” (hereinafter referred to as 'the Rules of 2013').

4. As per the notice inviting tender, a bidder should have experience of the work related to water supply schemes/projects during the last seven years upto the date of submission of tenders. For NIT No. 1/15-16, the experience as above should have been for execution and successful completion of (a) three similar completed works costing not less than Rs. 226.80 crores or (b) two similar completed work costing not less than Rs. 283.80 crores or one similar completed work costing not less than Rs. 453.60 crores. For the Joint Venture such experience should have to be available with lead partner. The experience required must be certified by an officer not below the rank of Executive Engineer or equivalent for the work awarded by the State Governments/Central Governments or other undertakings and autonomous bodies. It was also made clear that the works which have been completed and commissioned during the seven years, though may have commenced earlier, shall be considered for experience purpose, if single NIT for a work has been invited and work order has been given in two separate orders,