JUDGMENT :

B.R. SARANGI, J.

The Chief Engineer, Public Health (Urban), Odisha, Bhubaneswar-opposite party no.2 floated a tender, having distinct identification no. SEPHBBSR-04(2)/2015-16 dated 17.10.2015, inviting applications from the intending bidders to participate in the national competitive bidding through e-procurement for distribution system in connection with water supply of Balugaon-Banapur N.A.C. through Salia reservoir in conformity with the terms and conditions of the tender call notice.

2. The petitioner, who was initially an ‘A’ Class contractor and with valid licence, successfully executed similar nature of work under the State and subsequently became a special class contractor, having satisfied all the eligibility criteria, submitted his application through e-procurement pursuant to such advertisement. Along with the petitioner, opposite party no.4 had also participated, but, he, having failed to satisfy the eligibility criteria in terms of Sub-clause (i) of Clause (6) of the brochure under Annexure-1, incurred disqualification. Subsequently, on the representation of opposite party no.4, his tender of was considered and he was selected for execution of the work in ques