A. K. GANGULY, C. J.

( 1 ) M/s. Faridabad gurgaon Minerals (hereinafter referred as the petitioner) filed this writ petition impugning Clause 8 (vii)of the clauses appended to tender Notice No. 85 dated 25-5-2007. The said tender was called by Orissa Mining corporation Ltd. (hereinafter called OMC)which is a Government of Orissa Undertaking.

( 2 ) BY the said clause it has been provided that an agency which is already doing the work in a mine of OMC Ltd. will not be allowed to take up a second work in the said mine and such agency will not be allowed to participate in the tender.

( 3 ) THE petitioner challenged the said clause on various grounds. One of the contentions of the petitioner is that the said clause whereby the petitioner is debarred from participating in the tender has no nexus with the object which is sought to be achieved by the said Corporation which has floated the said tender. The petitioner admits that on the date of the said tender i. e. 25-5-2007, the petitioner was an agency who was already working in the mine of OMC and as such is hit by the said clause. The petitioner further submits that the aforesaid tender is only about Daitari mines and the exclusion w