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26. On 22.10.2022, Tenders received against e-NIT No.19 of 2022 were opened and it was found that five agencies namely Ava Systems, Diversified Business Solutions Pvt. Ltd., Aptech Ltd., Cygnus Information Solutions Pvt. Ltd. And Eduquity Career Technologies Pvt. Ltd. had participated. Eligibility document submitted by the agency were evaluated and it was found that all three agencies have submitted deficient documents and two agencies namely Aptech and Edquity has submitted all the required documents and accordingly were declared eligible for stage 2, Technical evaluation and presentations. On 25.10.2022, Both the stage 1 qualified agencies were evaluated technically and presentations were taken from them. The technical stage result was issued on 28.10.2022 wherein respondent No.2 obtained 63/70 and Eduquity obtained 66.5/70. On 31.10.2022, Financial bids of both the agencies opened and as per the tender conditions Aptech obtained 30/30 and Eduquity obtained 23.9875/30 points. Final cumulative score obtained by Aptech and Eduquity were 93 and 90.4875 respectively. The Aptech was declared successful as per the tender conditions. On 03.11.2022, Final negotiations on quoted rates held with Aptech Ltd and award of contract in favour of Aptech Ltd. is recommended by the Govt. constituted Purchase Committee of JKSSB. On 04.11.2022, Contract was awarded in favour of Aptech Ltd. and Letter of Intent was issued. On 05.12.2022, Exams of Junior Engineer (Civil) Jal Shakti Department scheduled to be conducted on 5 th and 6th December, 2022 in four shifts across different centres in the Union Territory and admit cards (first stage) have been issued. On 07.12.2022, Exams of Sub Inspector Home Department is Scheduled to be conducted from 7th December to 19th December, 2022 in 22 shifts across different centres in the Union Territory.

41. Even by virtue of the aforesaid policy by altering the terms and conditions of the tendering document, tender conditions has violated the doctrine of level playing field. When tenders were invited, the terms and conditions must indicate with legal sanctity, norms and benchmarks. This legal certainty is an important aspect of the rule of law. If there is vagueness or subjectivity in the said norms it may result in unequal and discriminatory treatment, which violates the doctrine of "level playing field". I am fortified by the view expressed by the Supreme Court in Reliance Energy v. Maharashtra State Road (2007) 8 SCC 1, wherein it has held as under:

45. What was the reasonable nexus with the object sought to be achieved while altering the terms and conditions of the tendering document is not forthcoming from the record and the whole action on part of the SSB smacks foul play and contrary to public interest where career of thousands of the aspirants are at stake by awarding the contract to a tainted/blacklisted agency. Thus, the change of the conditions in the tender document by relaxing the standards by way of policy has no nexus with the object sought to be achieved, which is loathed with mala fide consideration.

(e) If the State or its instrumentalities act reasonably, fairly and in public interest in awarding contract, here again, interference by Court is very restrictive since no person can claim fundamental right to carry on business with the government."

67. As it has been stated in the preceding paragraphs coupled with which emerges from the record, the terms and conditions of the tender have been tailor-made to suit respondent No.2, infact this is a reverse process evolved to achieve that objective by relaxing the tender conditions having negative impact on a tainted/blacklisted agency in the past with a view that only one party may fit in the said process. Such an endeavour has been categorized as "Decision Oriented Systematic Analysis" (DOSA).