respondent No.2 before bid end date 4.3.2022. Apart from that, very department always keeps criteria of past performance to be 10% in all other bids submitted through GeM. However, in an arbitrary manner, when it came to the procurement of preschool education kit for Anganwadi children, criteria was raised to 50% and subsequently, raised to 80% and thereby eliminated chances of any other bidder to participate in the bid process. It has also been agitated that not only said part from keeping financial part of 50% of past performance (subsequently altered to 80%) bid document also specifies, which specification also is arbitrary and as such, it seems that not only in terms of money, but also in terms of total units of 1935500, a bidder should have supplied 50% of bid quantity. So, by detailing out few such conditions, a grievance is raised that terms and conditions stipulated in the tender document are onerous and arbitrary. Apparently, it has been averred in the petition that years of past performance required is set to 3 years, however definition of last 3 years which has been defined in such manner that selectively financial year of 2020-21 will have to be excluded by referring to few conditions mentioned in the petition memo, a
