Sushil Harkauli, J.

1. The first respondent invited bids by way of tenders for a certain project. The tenders consisted of three parts namely (1) pre-qualification bid (2) technical bid and (3) financial bid. The tender conditions permitted the tenders to be submitted by any organization/company or a consortium.

2. The writ petitioner formed a consortium (hereinafter in this order referred to as the consortium) with the third respondent i.e. Wipro Ltd. Amongst the members of the consortium, the petitioner declared itself as the prime bidder. 'Prime bidder' means some kind of a managing partner of a consortium, who acts on behalf of the consortium and with whom interaction in respect of the bidding activities is to take place. In respect of the tender submitted by it, the said consortium qualified in evaluation of the pre-qualification bid and thereafter also qualified in the evaluation of the technical bid. However, for passing these two stages, membership of the Wipro in the consortium played an important and material role as is mentioned in paragraph No. 15 of the return of the first respondent.

3. According to that paragraph no. 15, under the parameters prescribed for the purp