Judgment 1. Heard counsel for the petitioner, the State as well as the newly added respondent Nos. 7 and 8. 2. Petitioners prayer in the present application is for not to consider such tender whose Essential Tender Part Envelop are not found as per requirement and condition laid down in the tender notice and put such unsuccessful tenderers out of the consideration zone for the purpose of finalization and allotment of tender. 3. Petitioners case is that tender papers of such tenderers is being considered for financial tender part envelop though they have failed to comply provisions under clause No. 4 sub-clause (kha) and Clause 7 of Tender form by not providing original bank guarantee and original copy of the attested documents by competent authority. The respondents in spite of objections of the petitioner are arbitrarily validating the tenders in colorable exercise of their official power. 4. Two interlocutory applications were filed. One by the petitioner for impleading Sri Mahendra Prasad and Sri Mani Lall Gupta as respondent nos. 7 and 8 as their financial tender envelop was opened in spite of the fact that their essential tender paper envelop was not as per requirement in the tender form. Another application was filed by Mahendra Prasad and Sri Mani Lai Gupta themselves for being impleaded as respondents as order passed in the writ application will affect their interest and they are necessary party. Both the interlocutory applications were allowed and respondent nos. 7 and 8 were added as party. 5. Counsel appearing for respondent nos. 7 and 8 has submitted that as per tender form only original documents which were required to be enclosed with the essential document tender envelop, is bank draft of Rs. 1 lac as earnest money. Rest of the document as mentioned in Clause 4 which also includes bank guarantee only photo-stat copy of those documents were to be furnished. The respondent nos. 7 and 8 have enclosed photocopy of bank guarantee of Rs. five lacs in favour of District Manager, State Food Corporation, East Champaran and xerox copy of other documents duly certified by S.D.O., West Champaran. Clause 8 of the form of tender makes it clear that only selected tenderers have to submit original bank guarantee of Rs. five lacs at the time of agreement. five lacs in favour of District Manager, State Food Corporation, East Champaran and xerox copy of other documents duly certified by S.D.O., West Champaran. Clause 8 of the form of tender makes it clear that only selected tenderers have to submit original bank guarantee of Rs. five lacs at the time of agreement. In case at the time of execution of agreement original bank guarantee is not supplied, appointment as tenderer will be cancelled and earnest money will be forfeited. 6. On perusal of the tender form it transpires that clause 4 will have to be read with Clause 7(ka) and Clause 8 which provides that photo-stat copy of the mentioned documents at Clauses 4 and 5 are required to be submitted with essential documents envelop and only selected tenderers have to furnish originals of such documents at the time of execution of agreement. Purpose of submitting original only of Rs. one lac earnest money with essential document envelop is that in case of cancellation of selection as tenderer it can be forfeited. The bank guarantee is not required to be forfeited for any reason. Purpose for which bank guarantee of Rs. five lacs and mortgage of property worth Rs. fifteen lacs is required, is to compensate the Corporation in case of loss, which is applicable in case of selected tenderers entrusted with the work. It has not been disputed by the petitioner that the rate quoted by respondent nos. 7 and 8 was 20% less than the petitioner and they have been selected as tenderer. Respondents have already started their work on being selected/appointed as tenderer. 7. At this stage any intervention is not required specially when the allegation made by the petitioner is not corroborated by the tender form. This application is dismissed.