- (1.) HEARD the parties.
(2.) PETITIONER has prayed for a direction to open it 'sprice bid submitted pursuant to the notice inviting tender (NIT for short) issued by the Jharkhand State Electricity Board, Ranchi being NIT No. 145/PR/ JSEB/2003 (Annexure -2) in all the three packages being Packages A, B and C. The grievance of the petitioner is that the concerned respondents have not opened it 'sprice without assigning any reason and without responding to any of the letters dated 8.12.2003 (Annexure -6/1), letter dated 30.1.2004 (Annexure -9) and legal notice dated 27.2.2004 (Annexure -10); although, the petitioner satisfies all the technical and commercial requirements of the NIT. It is submitted that the said action is arbitrary and mala fide and is motivated in order to favour the other bidders.
(3.) THE main dispute is whether petitioner fulfilled the qualifying criteria No. 7 of the NIT which reads as follows : '' "7.0 The bidder should possess latest 132 KV -3 phase double circuit Transmission Line Tower design, as per latest IS : 802/1995 suitable for wine zone for the State of Jharkhand. The Tower design should be tested from recognized test bed of any Government Organisation." ;