JUDGMENT :

Dr. B.R. SARANGI, J.

Ranjan Kumar Sahoo, as the proprietor of M/s CBM Transport, has filed this writ application challenging rejection of his technical bid of the tender for “Road Transportation of bulk POL products (MS/HSD/SKO/Branded Fuels) Ex BPCL location at Paradeep in the State of Odisha” vide email dated 23.05.2016, annexure-5. The reason for such rejection has been indicated as non-compliance of criteria mentioned in K.h of NIT as well as Clause-14 of Attachment-1, Attachment-2, Clause 15(c) of Attachment-5, Clause-3 & 5 of Attachment-8 and Clause-14 of Attachment-1 of NIT.

2. The fact of the case, in a nutshell, is that Bharat Petroleum Corporation Ltd. (BPCL) invited sealed tender for “Road Transportation of bulk POL products (MS/HSD/ SKO/Branded Fuels) Ex BPCL location at Paradeep in the State of Odisha” for a period of five years from the tank-lorry owners, quoting minimum five tank lorries for award of contract. The bid contained two parts, namely, technical bid and financial bid. The last date and time of submission of tender documents was fixed to 16.03.2016 at 14.30 hrs. In response to the said tender call notice, the petitioner submitted his bid offering 11