JUDGMENT :

I.M. Quddusi, A.C.J.

1. This Writ Petition has been filed by the Petitioner against the rejection of his technical bid on technical ground.

2. Tenders were invited by the Orissa Mining Corporation for undertaking the existing Departmental Iron Ore Mining & Associated Work of Orissa Mining Corporation Ltd. at Daitari Iron Ore Mine (DIOM) in the district of Keonjhar, Orissa on BOT (Build, Operate & Transfer) basis vide Specification No. 1/BOT/OMC/MAT/08 for a period of 10 years. The last date for submission of tender paper was 21.1.2009 but later on it was extended to 9.2.2009. The Petitioner company submitted its tender along with others.

3. The objective of the bidding process as mentioned in clause 3.1 of the tender document is to identify the Contractor to enhance the iron are production up to the Rated Capacity from the mine & OHP & to carry out the other associated activities under BOT basis. It was mentioned in Clause 3.7 that the OMC, inter alia, seeks to select a competent, experienced & capable party or a consortium of parties with the necessary technical experience & financial strength for carrying out the works. Clause 5 of the Bidding Document deals with descripti