HEMANT GUPTA, CJ.

1. This order shall dispose of two writ petitions raising identical questions of law and facts. One petitioner is MEIL Prasad (Joint Venture) whereas the other writ petitioner is MEIL-KBL (Joint Venture). The petitioner in W.P. No.21126/2017 [MEIL Prasad (JV) vs. State of M.P. & Another] was granted contract for Upper Narmada Irrigation Project in the year 2013 whereas the petitioner in W.P. No.1473/2018 [MEIL-KBL (JV) vs. State of M.P. and others] was granted contract for construction of Khargone Lift Canal in the year 2011.

2. Though the two contracts are for different projects but the arguments raised is identical that on account of disqualification clause in the subsequent Notice Inviting Tender (NIT), the petitioners stand disqualified from participating in the tender process. As per the petitioners, 11 tenders have been issued in the year 2018-19 so far. However, the condition in the Notice Inviting Tender that a contractor whose contract has been terminated and security deposit forfeited, stands disqualified from participating in the tender, seriou