( 1 ) THIS order shall govern the disposal of M. P. No. 1413 of 1988 and M. P. 847 of 1989, as the points of facts and law to be decided in these petitions are identical. Petition No. 1413 of 88 has been filed by Precision Technofab and Engineering Company, (hereinafter called 'precision') and Petition No. 847 of 1989 has been filed by Om Metal and Minerals Pvt. Ltd. (hereinafter called 'om Metal' ).

( 2 ) THE facts leading to these petitions in short are that the Government of M. P. in the Public Health Department resolved to embark upon the Gambhir Water Supply Project, Ujjain and consequently a project was prepared by the Public Health Department of the Government of M. P. After the preparation of the project, the Executive Engineer, Project Division, Ujjain published a notice inviting tenders dated 1-6-87. The tender notice was published in important newspapers of India calling upon the registered contractors of Category S-V and other concerns of experience and reputed registered with the Office of the Engineer-in-Chief, Public Health Engineering Department, Bhopal to submit tenders in the manner prescribed. In response to the aforesaid invitation, the petitio