- (1.) Challenge in these appeals is to the judgment of a Division Bench of the Orissa High Court allowing the Writ Petitions filed by Visa Industries Limited (in short the 'VISA') and Another (Writ Petition (C) No. 5128 of 2004) and M/s. Tata Iron and Steel Co. Ltd.(in short the 'TISCO') (Writ Petition (C) No. 6798 of 2004). By the impugned Judgment the High Court held that the technical bids of VISA and TISCO could not have been rejected at the threshold without proper evaluation in terms of the eligibility condition as set out in the concerned advertisement. It was also held that Jindal Strip Limited (in short 'Jindal's') bids were never evaluated and assessed in a dispassionate and impartial manner. There was no attempt to find out as to which of the bids offered by the three parties would give maximum advantage to the State in terms of public interest and state exchequer. Certain other observations were made questioning bonafides of the officials of the State and Industrial Development Corporation of Orissa Limited (in short the 'IDCOL'). It was held that power of judicial review was to be exercised as the selection of Jindal as a Joint Venture Partner for the project in question was not properly done. Therefore the IDCOL's decision to select Jindal cannot be maintained and was set aside.
(2.) It was noted that the matter could have been remitted to IDCOL for fresh evaluation and formation of merits on the bids of the respective parties, but it was not thought proper. It was also noted that Jindal proposed to set up stainless Steel Industry which could not have been considered as a relevant factor while deciding the question of Joint Venture Partner. However, IDCOL was given the opportunity to issue a fresh advertisement for the purpose of setting out in clear terms whether it wants stainless industries to be set up in the State or other industry where chrome could be used as an ingredient.
(3.) The technical bids offered by the various parties are on record. By the last date for receipt of offers, four parties had submitted their offers but later on Jindal Steel Power Ltd. did not want to continue.;