ORDER :

1. Petitioner has preferred the instant petition with a prayer to quash the report of Technical Evaluation Committee dated 15.07.2021 and order dated 24.07.2021 whereby, the e-tender dated 03.03.2021 has been cancelled and recalled by the respondents. Subsequent notice inviting tender dated 29.07.2021 issued by respondent No. 2 is also sought to be quashed. Further prayer has been made to direct respondent No. 2 to open the financial bid of petitioner in pursuance to notice inviting tender dated 03.03.2021.

2. On 03.12.2020, Chief Engineer National Highways, Public Works Department, Himachal Pradesh (for short the “Employer”) issued Notice Inviting Tender (for short, “NIT”) for work of improvement of road safety from km 200/00 to 219/350 of NH-22 (New NH-05) Kalka-Shimla-Wangtoo Road in selected stretches in the State of Himachal Pradesh on EPC mode.

3. In pursuance to issuance of NIT, total six tenderers submitted their bids but none of the bids were found technically responsive. The Technical Evaluation Committee decided to cancel and recall the tender.

4. On 03.03.2021, second NIT was issued by the employer for the above noted work. The estimated cost of the work was Rs. 8.0