ORDER

1. The petitioner is a proprietorship firm run by its proprietor Smt. Varsha w/o Shri Pushpendra Jain, a citizen of India and a permanent resident of Indore. The respondent No. 1 is the Mahtama Gandhi Memorial Medical College, Indore, established and run by the Government of Madhya Pradesh is being represented by its Dean, while the respondent No. 2 is the Superintendent of respondent no. 1 Medical College.

2. Respondents M.G.M. Medical College issued an NIT on 26.6.2020 for purchase and supply of kits, chemicals, and other items for the use in laboratory and pathology of the hospital associated with the college for a period of one year. As per clause-4 of the NIT, the bidder has to submit the earnest money (EMD) to the tune of Rs.50,000/- in the form of FDR of any nationalized bank with a validity period of one year.

3. In pursuant to the aforesaid NIT, the petitioner also submitted its bid along with a bankers cheque of Rs.50,000/- as EMD. The tender scrutiny committee after examining clause-4 of the NIT has found that the petitioner did not comply with the condition of deposit of EMD by way of FDR and accordingly declared the petitioner ineligible vide impugned letter dated 1