SRI SAMIR GHOSH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of the present intra-court appeal, the writ petitioner-appellant [herein-after referred as the petitioner] has challenged the judgment and order dated 4th September,2018, passed by the learned Single Judge, in connection with the Case No. WP(C) 516 of 2018, dismissing the writ petition of the petitioner. In the writ petition, the petitioner has challenged the selection of the respondent No.4 cancelling the bid of the petitioner to run the Canteen of the AGMCGBP Hospital, Agartala.

(2.) Background facts of the case in a nut-shell are as follows: The competent authority of the Agartala Medical College and the GBP Hospital, Agartala had floated tenders inviting applications from the experienced firm/agency for operation and management of the Canteen of the said Hospital on certain terms and conditions. It has clearly been stated in the tender document dated 11.08.2017, that offer will be received by speed post/registered post/courier service in sealed cover super scribing "Expression of Interest for Operation and Management of GBP Hospital Canteen" at Agartala Government Medical CollegeGBP Hospital, Agartala. The said tender document further stipulates the eligibility criteria. Both, the petitioner and the respondent No.4 along with others participated in the tender process. The petitioner became the highest bidder and accordingly, the competent authority i.e. the respondent No.3 vide notification dated 28th December,2017( Annexure-2 to the writ petition) issued offer to the petitioner with a request to start the services in the AGMCGBP Hospital Canteen from the morning of 1st January,2018 positively and further requested to enter into an agreement with the authority of AGMCGBP Hospital, Agartala in terms of Clause- 03(f) of the tender document dated 11.08.2017 which is reproduced below:-

(3.) In response to the communication dated 28.12.2017, the petitioner had made a communication vide letter dated 2nd January,2018 (Annexure 3 to the writ petition) wherein the "Subject" of the letter is written as below: