ORDER :

Tarlok Singh Chauhan, J.

Respondents No. 1 to 4 invited tender for the work “Providing Decentralized Community Owned stand alone Solar Powered Water Supply Scheme in various villages (under Jal Jeevan Mission) of Paonta Constituency in Tehsil Paonta Sahib, Distt. Sirmour H. P.” vide Notice Inviting Tender (for short 'NIT') dated 16.07.2021. The date of opening tender was fixed for 26.07.2021, however, due to some technical reasons, the date of opening was extended to 02.08.2021. The date of online submission of bids was w.e.f. 16.07.2021 to 02.08.2021 and the date of physical submission of Earnest Money Deposit (for short 'EMD') in the shape of FDR/CDR and cost of tender documents/tender fee in the shape of Demand Draft (for short 'DD')/Bankers Cheque payable at Paonta Sahib and other tender documents as per the conditions of NIT was 02.08.2021 at 11:00 AM. The EMD and cost of tender documents were demanded in both options i.e. online mode as well as offline mode.

2. After completion of all codal formalities, the tender was opened on due date i.e. 02.08.2021 at 11:30 AM and following four bidders had uploaded their bids online:-

3. The respondents downloaded the documents uploaded by aforesaid bidders and scrutinised the same. It was found that the contractor at Serial No. 1 i.e. Petitioner had paid the earnest money as well as cost of tender documents through online payment gateway mode at e-tendering website, whereas the bidders at serial No. 2 to 4 i.e. respondents No. 6 to 8 in the present petition had uploaded the copies of Demand Drafts and FDRs/CDRs on account of tender fee/cost and EMD respectively but had not submitted the FDRs/CDRs and DDs physically on 02.08.2021 at 11:00 AM in accordance with the conditions of NIT.

4. The matter was placed before the Zonal Level Technical Committee in its meeting held on 13.09.2021 wherein the petitioner as well as respondents No. 6 to 8 were called to attend the same. The authorised person of the petitioner as well as respondents No. 7 and 8 attended the meeting, whereas respondent No. 6 did not attend the same.

5. The Committee decided to reject the technical bid of respondents No. 6 to 8 in light of the conditions of the tender, constraining the petitioner to file the instant petition for the grant of following substantive reliefs:-

(A) That the order dated 20.09.2021 (Annexure P-9) issued by the respondent No. 4 cancelling the online tender may be quashed and set aside.

(B) That the decision of the Zonal Level Technical Committee dated 1309.2021 (Annexure P-11) on the basis of which the order dated 20.09.2021 has been issued may also be quashed and set aside.

(C) That the Notice Inviting tender that has been issued after issuance of Order dated 20.09.2021 (Annexure P-10) calling for submission of fresh tender document from 20.09.2021 to 30.09.2021 may also be quashed and set aside.

(D) That the condition of submission of physical Earnest Money Deposit in the Notice Inviting Tender (Annexure P-5) may be read down keeping in view the instructions issued by the respondent No. 1 dated 30.10.2018 and 26.06.2020.

(E) That alternatively the condition of deposit of physical Earnest Money Deposit at the time as prescribed in the Notice Inviting Tender may be held to be unreasonable, arbitrary and violative of Article- 14 of the Constitution of India.

(F) That the respondents may thereafter be directed to consider the bid documents of petitioner alongwith those of responden