4. It is further submitted by the learned senior advocate that the Circular dated 7th March, 2019 was also relied upon. If the contractor has done similar work earlier, then the tender should not be rejected on technical ground such as PTC/Machinery. The respondents committed the same mistake by not considering the Circular dated 7th March, 2019. The learned senior advocate relies upon the Government Resolution dated 17th September, 2019 and submits that after opening of the technical bid, the opportunity is required to be given to the contractor and if as per the additional information the contractor is eligible, then the financial bid is to be opened. The petitioner herein, on 14th October, 2022 had purchased the new drum mix plant. The same can be installed at the site in question. This aspect ought to have been considered by the respondents. The very purpose of incorporating Clause 6 in the GR dated 17th September, 2019 is that the best possible bid should be eligible, the L1 to be determined and that the person who is competent and eligible should be in a position to participate. Upon purchase of the new drum mix plant, the objection of the respondents that the drum mix plant of the petitioner is at far away distance does not survive. All these aspects are not considered by the respondents.
