G. B. PATNAIK, J.

( 1 ) THE petitioner, a registered firm and engaged in the business of weighing scales assails the award of contract for supply of 21977 sets of weighing scales for World Bank aided ICDS Project to opposite party No. 4, inter alia, on the ground that opposite party No. 4 who was not eligible for giving the offer was allowed to give the offer and was given the contract and also on the ground that the decision of the Procurement Committee while evaluating the bids became vitiated by taking into consideration the payment of sales tax on the supply in question, even though it was prohibited for being considered under Cl. 25. 2 of a set of instructions called 'instructions to Bidders' annexed as Annexure-3.

( 2 ) THE Government of India had received a credit from the Inter National Development Association of the World Bank to the extent of 106 million U. S. Dollars towards the cost of the World Bank assisted ICDS Projects and intended to apply part of the same for purchase of weighing scales in Orissa. The Secretary to the Government of Orissa in Panchayat Raj Department, issued an advertisement in the Daily 'samaj' dated 28-9-1992 inviting tender from the eligible b