JUDGMENT

B.P. Routray, J. - The Petitioner has challenged the technical qualification of Opposite Party No.3 to compete in the bid invited by Opposite Party Nos.1 and 2 for the work "Hiring of Pay Loaders for Mechanical transfer of Coal into Railway wagons at Siding No.VI & VII of Lakhanpur Area for a quantity of 3,83,25,000 Te."

2. The Petitioner is a joint venture company. He along with Opposite Party No.3 and others participated in the bidding process invited by Opposite Party Nos.1 and 2, i.e., Mahanadi Coal Fields Limited (MCL) vide Notice Inviting Tender (NIT) No.818/2020/657 dated 28th October, 2020 for the work stated above. The eligibility criteria at Clause-8(A) prescribes as follows:

"8. Eligibility Criteria:

A. Work Experience: The bidder must have experience of works (includes completed /ongoing) of similar nature (as per the definition of similar nature of work given below) valuing 50% of the annualized estimated value of the work (for period of completion over 1 year) / 50% of the estimated value of the work (for completion period upto one year) put to Tender in any year (consecutive 365 days) during last 7 (seven) years ending last day of month previous to the one in w