JUDGMENT

A. K. PATNAIK, J. — By an advertisement published in the Oriya daily newspaper in August, 2002, Bharat Sanchar Nigam Limited (for short, ‘the B.S.N.L.) invited sealed tenders from reputed organizations having at least two years experience in the sale of fast moving consumer goods (F.M.C.G.) items, electrical goods, I.T. products, computer hardware for appointment of deal¬ers (for post-paid service) on Telecom District basis and dis¬tributors (for Pre-paid service) on Telephone connection basis of B.S.N.L.’s Cellular Mobile Service. In response to the said advertisement, sixteen organizations including the petitioner submitted tenders for Bolangir - Bhawanipatna territory. The tenders of fifteen organizations including that of the petitioner were rejected by the Tender Evaluation Committee nominated by the B.S.N.L. on the ground that they did not satisfy the eligibility conditions laid in the advertisement. The opposite party No. 3 was the only tenderer found to be eligible by the Tender Evaluation Committee but the rate of Rs. 150/- for first activation and 8 per cent as recharge rate quoted by the opposite party No. 3 in its tender were not accepted and instead, after ne