R. SUBBIAH,J.

1. The writ appeal is directed against the order, dated 16.11.2009 passed in W.P(MD)No.7447 of 2009 whereby the learned single Judge allowed the writ petition filed by the first respondent in this appeal by quashing the impugned order dated 06.03.2009. Aggrieved over the same, the present appeal has been filed by the third party after obtaining leave from this Court.

2. Thequestions that fall for consideration in this writ appeal is that whether the conditions stipulated in the tender notification to furnish the names of key personnel at the time of the evolution of the pre-qualification bid is mandatory in nature or directory in nature and whether the second respondent namely, the Superintending Engineer is a competent authority to pass the impugned order.

3. Brief facts which are necessary to decide the issue involved in this appeal are as follows:

a) It is the case of the first respondent that he was the P.W.D.Contractor. He had completed civil works allotted to him by the P.W.D Tender Award Committee. He had executed so many anti sea erosion works in Kanyakumari, Tuticorin and Tirunelveli Districts during the years 1984 to 2009. His tender for the cons