Amitav K. Gupta, J.

The petitioner has prayed for issuance of appropriate writ for quashing/setting aside the decision of the Tender Committee dated 25.05.2017 as contained in Memo No. 2929(S) WE, dated 29.05.2017, declaring the technical bid of the petitioner as non-responsive and for issuance of direction upon the respondent/State of Jharkhand to declare the technical bid of the petitioner as responsive, consequent thereto, to open the price bid of the petitioner and to award the work to him by issuance of letter of intent/work order if the financial bid of the petitioner is found to be the lowest. In the alternative the petitioner has prayed for issuance of an order/direction for quashing and setting aside the words "litigation history", inserted in Clause 4.8 of the Standard Bidding Document (in short SBD) to the extent that it confers unbridled power to reject a bid of a qualified bidder in an arbitrary manner.

2. The case of the petitioner is that it is a registered partnership firm engaged in the business of civil construction including the construction of road, etc. The respondent/Road Construction Department, issued an E-procurement notice dated 20.03.2017 inviting