(1.) THE grievance of the petitioner is that when the petitioner was the sole tenderer, the bid was cancelled as there was no other eligible tender received but when the second tender had been floated the benchmark has been raised.
(2.) WE may notice that requirement was 40,000 metric tons for the previous financial year when the earlier tender was floated and the petitioner participated. Now the tender floated has the following eligibility criteria: "7.Eligibility Criteria: i) Mill must have produced a minimum of 75,000 Metric Tons Newsprint Paper during Two financial years 2010 -11 and 2011 -12."
(3.) LEARNED counsel for the petitioner submits that on an oral inquiry he was informed that it has to be 75,000 metric tons for each of the two financial years. However, we find that the tender is not so framed, an aspect to which learned counsel for respondent no.1 is in agreement with us.