TARLOK SINGH CHAUHAN, J. :

” The petitioner has filed the present writ petition under Article 226 of the Constitution of India praying for quashing of the cancellation order Annexure P-18 and Notice inviting re-tender Annexure P-20 and also for deleting the pre-qualification Condition No. 28.2.b contained in the tender document.

2. The facts, in brief, may be noticed as follows: the respondent No.3 on behalf of the Government of Himachal Pradesh invited the item rate bids for the construction of works namely Construction of Link Road NH-70 Kaloor to Kohla-Nadaun Amtar Bilvkale-shwar road K.M. 0/0 to 10/360. (SH:5/7 meter wide formation cutting, C.D. work, providing and laying G-1, G-II, G-III and tarring, Parapets and V-Shape drain in K.M. 0/0 to 10/360) under NABARD RIDF-XVIII) with estimated cost of `4,31,92,012/- . In all six contractors participated in the tender process. It is averred that the technical bid was to be opened online on 5-9-2013 at 11.00 a.m. as stipulated and the financial bid was opened on 11-9-2013 at 11.00 a.m. The petitioner was the lowest bidder who had submitted the bill at `3,99,99,230.54 p. Whereas Shri Gian Chand, respondent No. 4, was the sec