JUDGMENT :

B.R. SARANGI, J.

The Petitioner, which is a Proprietorship Firm and is a Working Contractor of the East Coast Railway, being represented through its Proprietor, has filed this Writ Application seeking to quash Annexure-4, dated 17.08.2021, by which the offer submitted by the Petitioner has been considered as non-compliant and bypassed, in view of non-submission of undertaking regarding “not blacklisted or debarred by Railways or any other Ministry/Department of Govt. of India from participation in Tender on the date of opening of the bids”, which was mandatory to be submitted in the Tender offer.

2. The factual matrix of the case, in a nutshell, is that the East Coast Railway, through Opposite Party No.6, floated an E-Tender Notice for the work “Modification of power line crossings (33 KV/ 11 KV/ LT) between Sonepur to Boudh Railway Station in connection with new line between Khurda Road-Bolangir Project” calling upon the eligible bidders to participate. Pursuant to such E-Tender