Ashok Kumar Gaur, J.

The petitioner-Company has filed the present petition challenging the order dated 05.01.2018 wherein its technical bid has been treated as "non-responsive" on account of not fulfilling the required experience of seven years, as the petitioner-Company is alleged to have commenced the construction work on 27.12.2010.

2. The petitioner-Company has felt aggrieved against order dated 29.01.2018, passed by the Chief Engineer (first appellate authority) and order dated 13.04.2018, passed by the Principal Secretary, Water Resource Department (second appellate authority), who have rejected the first and second appeals respectively filed by the petitioner-Company against rejection of his technical bid, communicated to him vide order dated 05.01.2018.

3. The petitioner-Company has further sought a mandamus against the respondents to consider its technical bid as responsive and to evaluate the financial bid accordingly in pursuance of E Notice Inviting Bid No.07/2017-18 dated 10.10.2017 for construction of Isarda Dam, across Banas river for drinking water, near village Banetha, District Tonk (Rajasthan).

4. The brief facts of the case are that the Government of Rajasthan, Water Resource Department, issued E-Notice Inviting Bid (NIB) dated 10.10.2017 for planning, investigation, design, drawing and construction of Isarda Dam, across Banas river for drinking water, near village Banetha, District Tonk (Rajasthan) on Engineering Procurement Construction basis (Single Responsibility Turn Key Project) including its operation and maintenance for five years (hereinafter shall be referred to as 'the NIB').

5. The petitioner-Company has pleaded in the petition that as per the original NIB, the date for downloading the tender document was from 10.10.2017 to 16.11.2017 and the date for uploading the tender document was till 16.11.2017 by 1800 Hrs (PM) and the deadline for submitting the bid was 17.11.2017 by 1300 Hrs (PM). It is pleaded that on 06.11.2017 a corrigendum bearing letter No.4754 was issued amending the time towards the process of bid submission and bid submission deadline was extended till 07.12.2017 by 1300 Hrs (PM).

6. The petitioner-Company has pleaded in the petition that under Section-3 [Evaluation and Qualification Criteria] of the bid document, the petitioner-Company satisfied the condition No.4(i) which required experience under construction contracts in the role of contractor, sub-contractor or management contractor for at least last seven years prior to the bid submission deadline.

7. The petitioner-Company has pleaded that since it fulfilled all the eligibility conditions, the petitioner-Company submitted the bid on 06.12.2017 and also submitted the Earnest Money Deposit (for short "EMD") to the tune of Rs. 13,07,00,000/- i.e. 2% of the estimated cost of work being Rs. 653.50 Crores, vide bank guarantees.

8. The petitioner-Company has pleaded that a concession agreement dated 25.03.2010 was signed by the National Highway Authority of India for the works of four laning of Ahmedabad to Godhra Section of NH-59 from Km 4.200 to Km 122.420 in the State of Gujarat on design, build, finance, operate and transfer (DBFOT) basis. It is pleaded that under the said work, Pan India Infrastructures Pvt. Ltd. was appointed as Concessionaire's EPC and the said entity appointed the petitioner-Company vide agreement dated 26.04.2010 as Contractor for the said work.

9. The petitioner-Company has pleaded in the petition that it was the contractor in the said work since 26.04.2010 and therefore had the due experience of seven years, required under the clause for qualifying as a successful bidder. The petitioner-Company has pleaded that it was given mobilization advance on 27.04.2010 towards the said work, as shown from the TDS certificates and ledger account. The petitioner-Company has pleaded that it had submitted the wo