S.J. VAZIFDAR, J.

This is an appeal against the order and judgment of the learned Single Judge dismissing the appellant’s petition. The appellant sought a writ of certiorari to quash and set-aside an order dated 28.04.2017 rejecting its technical bid on the ground that it was not eligible.

2. Respondent No.2 is the Institute of Nano Science and Technology. Respondent No.3-one Niranjan Singh is the Engineer consultant of the 2nd respondent. Respondent No.4 M/s Sam Built Well Pvt. Ltd. is a private party, in whose favour the work has been allotted.

3. Respondent No.2-Institute of Nano Science and Technology invited tenders for the “Construction & Development of Campus of Institute of Nano Science and Technology” in Mohali, Punjab. It was a ‘Percentage Rate Tender for Works’. Part-A thereof contains the technical/eligibility bid, notice inviting tender, eligibility criteria and General Conditions of Contract. Part-B contains the Special Conditions of Contract, Additional Conditions, Particular Specifications, Approved makes & Tender Drawings. Part-C contains the Financial Bid. The relevant provisions of Part-A Technical/Eligibility Bid read as under:-

“2.2. INFORMATION AND INSTRUCTIONS FOR BIDDERS FOR TENDERING FORMING PART OF BID DOCUMENT

(Applicable for inviting two bid system)

The Director, Institute of Nano Science & Technology, Mohali (INST), on behalf of Nano Science & Technology Mohali invites percentage rate composite bids from eligible firms/contractors in two bid system for the following work:-

Sr. No. Name of work & Location Estimated cost put to Tender in Crores (Rs.) Earnest Money deposit (EMD) in Lacs (Rs.) Date & Time of pre-bid meeting

Last date & time for submission of bids Date and time of opening of Technical/Eligibility bid

1 2 3 4 5 6 7

1 Construction of Institute of Nano Science & Technology Campus (Package-I) at Knowledge City Sector-81, Mohali (Punjab)-140306. SH: Research, Academic & Admin Buildings, Hostel Buildings, Residential Buildings, Amenity Building and Utility buildings including Water supply, Sanitary Installations, Drainage, Electrical, Lifts, HVAC, Fire Alarm & Fire Fighting System and External development works etc. Rs. 162.18 Cr. Rs.1.72 Cr 29.03.2017 At 2.30 PM Upto 3.00 PM on 10.04.2017 10.04.2017 At 3.30 PM

The same clause requires the bidders to comply inter-alia with the following conditions:-

“The contractor submitting the tender should read the schedule of quantities, Special conditions, additional conditions, additional specifications, particular specifications and other terms and conditions given in the NIT and drawings. The tenderer should also read the General Conditions of Contract for CPWD Works 2014 & CPWD Specifications amended upto date of submission of tender, which are available as Government of India Publications; however, provisions included in the tender document shall prevail over the provisions contained in the standard form. The set of drawings and NIT shall be available for download from the websites: www.inst.ac.in or www.eprocure.gov.in However for inspection a set of the same will be available in the office of Director, Institute of Nano Science & Technology, Mohali. The contractor should also visit the site of work and acquaint himself with the site conditions before tendering. The following conditions, which already form part of the tender conditions, are specially brought to his notice for compliance while filling up the tender. They are requested to comply with following instructions. (emphasis supplied).

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8. Contractors/bidders who fulfil the following minimum criteria shall be eligible to apply. Joint ventures/Consortium are not accepted.

(a) Should have satisfactorily completed the works as mentioned below during the last seven years ending previous day or last date of submission of bids.

(i) Three similar completed works each costing not less than Rs.64.9 Cr.

or

Two similar completed works each costing no