JUDGMENT

The petitioner, a joint venture engaged in civil engineering construction, has approached this Court, being aggrieved by the awarding of the contract to the 4^th respondent herein, based on Ext.P1 tender notification. The challenge raised is mainly on the ground that the 4^th respondent had availed exemption from furnishing the bid security as contemplated in Ext.P1, on the basis of a claim that the said respondent is a startup, engaged in the field of construction, as recognized by the Government in this regard.

2. A counter affidavit is submitted by respondents 1 to 3, controverting the averments contained in the writ petition and the 4th respondent also filed a separate counter affidavit.

3. I have heard the learned counsel for the petitioner and the learned standing counsel for the respondents.

4. The contention raised by the learned counsel for the petitioner is with regard to the exemption availed by the 4^th respondent in the bid security. Ext.P3 contains the Standard General Conditions of Contract, which are made applicable to the Ext.P1 tender notification. As per Clause 5 of Ext.P3, a tenderer is required to submit the bid security of 2% of the estimated cost of the w