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2021 Supreme(MP) 505

MOHAMMAD RAFIQ, VIJAY KUMAR SHUKLA
K & J Projects Pvt. Ltd. – Appellant
Versus
Madhya Pradesh Road Development Corporation – Respondent


Advocates:
Deepesh Joshi for petitioners; P.K. Kaurav, Advocate General with Aditya Khandekar for respondents.

ORDER

Shukla, J.-- 1. Regard being had to the facts of the case and the reliefs sought in the present writ petitions, they were heard together and are being disposed of by a common order. For the sake of convenience and clarity the facts enumerated in WP-11371-2021 are taken note of.

2. Shorn or unnecessary details : The respondent No.1 Madhya Pradesh Road Development Corporation [for short, “the MPRDC”] invited tender for Consultancy of Independent Engineer for Operation & Maintenance (O & M) period on Completed Road Projects under BOT (Toll), BOT (Toll + Annuity) & BOT (Annuity) Mode for MPRDC for the State of Madhya Pradesh (hereinafter referred to as “the Project”) on 22.9.2020. Request for Proposal (for brevity “RFP) was issued by the respondents. The petitioner along with its lead partner – M/s K & J Projects Private Limited participated in the tender process and submitted its bid for the tender on 17.10.2020. The technical evaluation was declared on 25.1.2021 wherein the score of the petitioner was recorded to be 94.55 marks which is reflected in the Minutes of the Meeting of the Bid Evaluation Committee held on 21.1.2021. The petitioner further submits that as per sub-clause

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