“10. We have given our thoughtful consideration to the submissions advanced at Bar and have gone through the material placed on record. We have also perused the judgment rendered by learned Single Bench. The only contention advanced by Mr. Das, learned senior counsel representing the appellant for questioning the decision of the tendering authority in disqualifying the appellant on technical bid evaluation was that Abu Talib's judgment works in favour of the appellant and the decision to disqualify the appellant as his Bakijai Clearance Certificate had expired is illegal. In this regard, our attention is drawn to the Single Bench judgment in the case of Mosiur Rahman v. Assam Fisheries Development Corporation Ltd., [WP(C) No. 5545/2010] decided on 29.08.2011, which was subjected to challenge in WA No. 294/2011 (Abu Talib's case). On a perusal of the said judgment, it is discernible that the said was a case of single bid, i.e. the technical bids and financial bids were to be opened simultaneously. After opening the bids, the tendering authority found that the financial bid of Abu Talib was significantly higher. However, his Bakijai Certificate had expired. Thus, in the public interest, a decision was taken to give time to Abu Talib for removing the deficiency while accepting his bid. The said decision of the tendering authority was challenged by Mosiur Rahman by filing the writ petition (supra), which was accepted by the learned Single Judge holding that the highest bidder Abu Talib could not have been given opportunity to remove the deficiency in the technical bid. The said view of the learned Single Judge was reversed by the Division Bench in WA 294/2011 (supra) by accepting the appeal filed by Abu Talib. Since the case of Abu Talib dealt with a single bid NIT, the ratio thereof has to be restricted to that specific fact scenario. In the present case, there is no dispute that the tenders were invited through a dual bidding system, i.e. to say technical bid and financial bid. We are of the firm opinion that in a dual bid process, each bidder must satisfy the conditions of technical qualification. In the extant tender process, submission of a valid Bakijai Clearance Certificate was an inviolable requirement. The
