Banerjee, J. - (1.) By a notice inviting tender dated January 22, 2003 the Superintending Engineer, National Highway Circle No. II, PWD (Roads) Directorate, Siliguri invited tenders for widening and improving riding quality of flexible pavements to two lane carriage way in respect of National Highway at Siliguri. There were 7 tenderers who submitted their tender being the appellant and respondent Nos. 5 to 10. The contract was awarded to the respondent No. 5. The appellant No. 1 being the unsuccessful tenderer questioned the selection of the respondent No. 5 on two grounds : (i) The respondent No. 5 did not submit his tender within the stipulated time being 3 P.M. on the relevant date. According to the appellants the tender of the respondent No. 5 was dropped at 3.15 P.M. (ii) The respondent No. 5 did not have requisite qualification for submission of tender.
(2.) The learned Single Judge while disposing of the writ petition by the impugned judgment and order under appeal dated May 5, 2003 held against the appellants on the first issue. The learned Single Judge, however, directed the respondent authority to examine the eligibility criteria of the respondent No. 5.
(3.) In terms of the order of the learned Single Judge the respondent authority re-examined the eligibility criteria and found the respondent No. 5 eligible to submit such tender. Hench, this appeal.;