Govind Mathur, J. - (1.) These appeals are before us to examine correctness of the judgment dated 2.2.2016 passed by learned Single Bench in SB Civil Writ Petition Nos. 9188/2015 and 9186/2015. By the judgment aforesaid learned Single Bench dismissed the writ petitions challenging the decision of respondent Public Health and Engineering Department to reject the petitioners bid from consideration for tendering works referred in the notice inviting tender dated 21.4.2015.
(2.) The factual matrix necessary to be noticed for adjudication of present appeals is that under a memorandum of understanding dated 2.7.2015 M/s. GVPR Engineers Ltd. and M/s. DARA Construction Company Ltd., both the companies incorporated agreed to form a Joint Venture to do business in the name of "GVPREL -DARA Joint Venture" (hereinafter referred as the 'Joint Venture'). Suffice to mention that both the partners of the Joint Venture are registered contractors with respondent department in "AA" class. The office of the Chief Engineer, Public Health and Engineering Department, Jodhpur acting on behalf of the Governor of Rajasthan invited tenders from "AA" class contractors for execution of following works: - - (1) NIT No. 1/15 -16 - 'BLWSP Ph. II Part 'C" : KKD Sheo Bhadakha Barmer - Drinking Water Supply Project in Barmer District on Single Responsibility Lump Sum based contract, which includes providing laying, jointing, testing and commissioning of Transmission and Cluster Distribution mains, RCC ground level/elevated reservoirs, pumping arrangements, control of flow with Meters, FCVs. PLC & SCADA, Electric Transformers, IEC activities etc. and allied activities District -Barmer. (2) NIT No. 2/15 -16 - 'BLWSP Ph. II Part 'D' : BKG Devikot Sangar Fatehgarh - Drinking Water Supply Project in Barmer District on Single Responsibility Lump Sum based contract, which includes providing laying, jointing, testing and commissioning of Transmission and Cluster Distribution mains, RCC ground level/elevated reservoirs, pumping arrangements, control of flow with Meters, FCVs. PLC & SCADA, Electric Transformers, IEC activities etc. and allied activities District -Jaisalmer.
(3.) The estimated cost of work under NIT No. 1/15 -16 and NIT No. 2/15 -16 is Rs. 567 crores and Rs. 395 crores respectively. The earnest money deposit (hereinafter referred as 'EMD') to bid for the work tenders invited is Rs. 1134 lacs and Rs. 790 lacs for NIT No. 1/15 -16 and NIT No. 2/15 -16 respectively. Respondent Public Health and Engineering Department under the notice inviting tenders dated 21.4.2015 permitted the Joint Venture to participate in tender process and to have work, if tendered subject to comprising not more than two Indian firms/companies. The participation of such Joint Venture would be regulated as per Rule 39 of "The Rajasthan Transparency in Public Procurement Rules, 2013" (hereinafter referred to as 'the Rules of 2013').;