- (1.) WE have heard learned counsel appearing for the parties.
(2.) THIS Special Appeal arises out of the judgment of learned Single Judge, dated 10.02.2014, by which he has disposed of the writ petition in the light of the settlement dated 08.08.2013, entered into between the parties and reproduced in the judgment. It was held that: - "Now the petitioner and the respondent Nos. 1 to 3 would be governed by the settlement dated 08.08.2013." Brief facts, giving rise to the writ petition, are that the Jaipur Vidhyut Vitran Nigam Limited (JVVNL), floated a tender through e - tendering system for the work, "To operate photo spot energy bill generation system at Sub -division level in different areas of Jaipur Discom/JVVNL" for a period of three years. The Notice Inviting Tender (NIT) laid down various conditions for qualification of the bidders, to be followed for the purpose of selecting the bidder to carry out the work. The conditions were alleged to be flexible since the JVVNL reserved its rights to allow the bidders, who were not strictly covered by the conditions notified in the tender, and had marginal difference in the eligibility criteria.
(3.) UNDER Clause 8.7 of the tender, minimum three eligible bidders were required to be qualified in the technical bid for opening the financial bid. At the time of evaluation of the technical bid, there were only three bidders, namely M/s. N Soft Pvt. Ltd., - appellant, who was respondent No. 4 in the writ petition; M/s. BCITS Pvt. Ltd., who was the petitioner in the writ petition; and M/s. Data Infosys Pvt. Ltd., who was respondent No. 3 in the writ petition. All the three bidders participated in the bidding. The appellant was found marginally short in the eligibility of turnover of Rs. 30 crores. It had a three years turnover of Rs. 29.70 crores. Since the appellant was marginally short in eligibility which was insignificant, the Corporate Level Purchase Committee had allowed him to participate in the bidding.;