ORDER :

This writ petition has been filed by the petitioner-Vikas Anand, who is the authorized representative of Rashmi Metaliks Limited, with a prayer to quash and set aside Condition No.32(x) of the notice inviting tender dated 05.03.2022 and also for a direction to the respondents to go ahead with the same condition as was there in the previous NITs under Condition No.32(x).

2. One of the arguments, which has been advanced by learned Senior Counsel for the petitioner is that Clause 32(x) has been modified. When compared with similar clause in earlier two tender notices issued on 01.01.2022 and 19.02.2022, this clause appears to have been included at the suggestion of one of the potential bidders, i.e. M/s Jindal Saw Limited, as would be evident from letter dated 20.12.2021, in which vide para 2, they proposed a clause, which was verbatim included in the third notice for tender dated 05.03.2022. However, the respondents have added one more sentence at the end of Clause 32(x) to the effect that the tenderer shall not be eligible if he has been blacklisted before last three years from the date of opening of tender and the blacklisting has not been revoked by the competent authority.