JUDGMENT

A. K. GANGULY, C.J. : This writ petition has been filed by M/s. S. S. & Company challenging the legality of Clause 8(i) of Tender Notice No.85 dated 25.5.2007 issued by the Orissa Mining Corporation Limited under Annexure-1 to the writ petition. By the impugned Clause 8(i), the conditions relating to eligibility criteria have been inserted in the Tender Notice. The said Clause is set out below :

“8. The eligibility criteria of the tenders shall be as follows:

(i) Only such tenderers who fulfil the following eligibility criteria shall participate in the tender. The agency must have successfully executed similar work (as mentioned in NIT/raising work(s) of ore/minerals excluding Minor Mineral) for a minimum amount of 30% in case of a single work or 50% in the case of two works of the value of work shown in column No.5 of Sl. No.2 of NIT in any one financial year during the last three years includ¬ing 2006-07.”

2. The grievance of the petitioner is that the said Clause has been inserted for the first time in the present Tender No¬tice. Previously for the same work two tenders were invited by the Orissa Mining Corporation Ltd., (hereinafter referred to as the “Corporation”) v