B.S MEDICAL INTERNATIONAL Vs. METRO RAILWAY KOLKATA

JUDGEMENT

(1.) The Petitioner participated in a tender floated by the respondent no.3 vide Tender Notice No. MRTS/Med/1/CMGPS/19-20/TSMH for the purpose of installation of Central Medical Gas Pipeline System (CMGPS), the closing date of which was November 28, 2019. The private respondent also participated in the tender process and was selected as the L-1 bidder, while the petitioner's bid was rejected. Challenging such rejection and the acceptance of the bid of respondent no.4, the petitioner has preferred the instant writ petition.

(2.) Learned counsel for the petitioner argues that the petitioner has twelve years' past experience in jobs similar to that contemplated under the tender, whereas respondent no.4 has only done such work during the period 2015-2016. Moreover, it is submitted that respondent no.4 does not have its own already-established service facilities in the State of West Bengal to provide necessary service support 24/7, as required by Clause 2 of Annexure-B (terms and conditions) of the Notice Inviting Tender (NIT).

(3.) On the score of experience, the petitioner, it is submitted, is far ahead of respondent no.4.