Kapadia, J. - (1.) Leave granted.
(2.) Assam Electronics Development Corporation Ltd. (for short, AMTRON) had issued a Notice Inviting Tender (for short, NIT) on 23.11.2005 inviting bids for execution of the contractual work in the 4th Phase of Rajiv Gandhi Computer Literacy Programme (for short, RGCLP) in 300 schools in the State of Assam. As per the tender notice the tenderers were required to submit their bids in two parts, i.e., (a) Technical Bid (b) Commercial Bid, in separate sealed envelopes for the supply of computer hardware, software, courseware and connected accessories and provision of computer education service in government high schools on BOT basis. The last date and time for submission of tender was 19.12.2005 at 2 pm and the date and time for opening of technical bid was fixed at 3 pm on the same date. In the tender notice, it was further stated that the date and time for opening of commercial bid would be intimated separately to those bidders who would qualify in the technical bid.
(3.) Subsequent to the issuance of the tender notice, AMTRON carried out certain amendments to the tender documents on 16.12.2005. Under Clause 13 (f, (g) and (h) of the General Terms and Conditions, AMTRON reserved its right to evaluate technical bids and shortlisted the qualified bidders. The shortlisted bidders alone were to be informed regarding the date of opening of the commercial bids. The commercial bids of shortlisted bidders alone had to be opened and evaluated. The shortlisted bidders were to be listed in the descending order of their score on a scale of hundred, based on the results of evaluation. However, the criteria for evaluation of the bid on a scale of hundred was not indicated in the tender documents. In short, in the tender documents allocation of marks on a scale of hundred between technical bids and commercial bids, was not indicated. Further, the details of the heads, on the basis of which marks would be given, were also not disclosed.;