KENDRIYA BHANDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioners have moved this court with the grievance that, despite the technical bid of the petitioners having been accepted on December 6, 2019, and the petitioner having come out as the lowest financial bidder, on the same date as the opening of the financial bid, that is, December 11, 2019, the technical bid of the petitioners was retrospectively cancelled.

(2.) The tender"in"question was floated in respect of 'dhuti', woollen blankets and 'lungi'.

(3.) By placing reliance on clause XII, learned senior counsel appearing for the petitioners argues that there were various stages contemplated for the bids. As per the said clause, the technical bids would be opened in the first instance, at the prescribed time and date, and the same would be scrutinized and evaluated. Thereafter, at the second stage, the financial bids of only the technically qualified offers (as decided in the first stage above) were to be opened for further scrutiny, evaluation, ranking and placement of supply order. By placing reliance on sub"clause (iv) of clause XII, learned senior counsel for the petitioners argues that medium enterprises were also included within the periphery of the said tender.