R.F.NARIMAN,J. - (1.) Leave granted.
(2.) The present appeal involves a notice inviting tenders (NIT) dated 16th March, 2017 by which the director of the Institute of Nano Science and Technology, Mohali, invited percentage rate composite bids from eligible firms/contractors Signature Not Verified Digitally signed by in a two bid system for construction of the Institute of Nano Science and Technology Campus at Knowledge City, Sector 81, Mohali, consisting of research, academic and administrative buildings together with hostel, residential, amenity and utility buildings. The estimated cost of the said project was Rs.162.18 crores, with earnest money payable being Rs.1.72 crores. The period of completion was stated to be 20 months and the last date for submission of tender was 10 th April, 2017. Clause 8 of the said NIT is important and states as under: "8. Contractors/bidders who fulfill the following minimum criteria shall be eligible to apply. Joint ventures/consortium are not accepted. (a) Should have satisfactorily completed the works as mentioned below during the last date of submission of bids. (i) Three similar completed works each costing not less than Rs.64.9 crores, or (ii) Two similar completed works each costing not less than Rs.97.3 crores, (iii) One similar completed work of aggregate cost not less than Rs.129.7 crores. Similar work shall mean work of "construction of institutional/educational buildings campus with minimum five storeys RCC framed structure building including electrical, plumbing, fire fighting, HVAC works under composite contract executed in India in a single contract."
(3.) Several persons submitted their bids, including Respondent No.1, who claimed that it had done "similar work" as follows: Sr. Name of Completion Current cost Remarks No. work date after addition of 7% per annum 1 Construction 31.03.2016 Rs. 97.76 Cr. It has of District Current basement Administrative enhanced value plus 5 complex at as per clause storeys RCC Sector-76, 2.2.4 framed SAS Nagar, structure Rs. 97.76 cr x Mohali 107% = Rs.104.60 Cr. 2. Construction 05.10.2011 Rs.62.65 cr. It has of OfficeCurrent basement Building of enhanced value plus six Punjab Mandi as per clause storeys RCC Board,2.2.4 framed Phase-11, SA structure Rs. 62.25cr x Nagar, Mohali 114% =70.96cr. 3. Construction 16.03.2015 Rs.172.32 cr It has height of Jange of 42 meters Azadi i.e. more Memorial than 8 Project at storeys RCC Kartarpur, framed Jalandhar structure (Phase1) 4 Construction 23.12.2015: Work of Phase 2 It has of Judicial 14 courts out for remaining basement Court of 25 courts courts in plus 5 Complex at were progress. Work of storeys RCC Sector 76, inaugurated Rs. 75.28 cr. was framed on 23rd Dec., SAS Nagar,completed upto structure Mohali 2015 and are 31.03.2017 and functioning balance work in from the progress building. Work of Phase 2 for remaining courts in progress. 5 Total Value Rs.423.16 Cr. ;