INDRAJIT MAHANTY,CJ. - (1.)Heard learned counsel for the respective parties.
(2.)This writ petition has come to be filed by the petitioner namely, SLT Infracon Pvt. Ltd. seeking to challenge the decision taken by the tender committee under Annexure-6 at page 49 whereby the bid made by the petitioner to the respondents was held to be non-responsive for the following reason:
"Technically non-responsive due to submission of bid security in the form of FD instead of BG. This does not fulfil the Clause No.2.20.1 of DNIT (RFP)"

(3.)Learned counsel for the petitioner drew the attention of the Court to a corrigendum issued by the tenderer dtd. 15/3/2022 (at Annexure-3) whereby, various modifications were made to the original bid clauses and in particular drew our attention to serial No.7 of the said corrigendum relating to RFP: Clause 2.20.1, which reads as follows:
"RFP: Clause 2.20.1: The Bidder shall furnish as part of its BID, a BID Security referred to in Clause 1.2.4 herein above in the form of a bank guarantee issued by nationalised bank, or a Scheduled Bank in India having a net worth of at least Rs.1,000.00 crore (Rs. One thousand crore), in favour of the Authority in the format at Appendix-II (the "Bank Guarantee") and having a validity period of not less than 180 (one hundred eighty) days from the BID Due Date, inclusive of a claim period of 60 (sixty) days, and may be extended as may be mutually agreed between the Authority and the Bidder from time to time. This Bank Guarantee shall be transmitted through SFMS Gateway to [Ministry/NHAI/NHIDCL/State PWD/BRO]'s Bank. In case the Bank Guarantee is issued by a foreign bank outside India, confirmation of the same by any nationalized bank in India is required. For the avoidance of doubt, Scheduled Bank shall mean a bank as defined under Sec. 2(e) of the Reserve Bank of India Act, 1934. A scanned copy of the Bank Guarantee shall be uploaded on e-procurement portal while applying to the tender."

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