SHIBA PROSAD BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner challenges the rejection of his bid and the acceptance of respondent no.10 as the successful bidder in a tender floated by the respondent-authorities on May 27, 2019 for supply of cooked diet for indoor patients admitted to health facilities. The Revised Bid Summary Report (Annexure P-1 at page 81 of the writ petition) indicates that the petitioner's bid was rejected for non-submission of Performance Certificate in prescribed format as per Clause 3 of the Notice Inviting Tender (NIT). Learned counsel for the petitioner submits that the petitioner duly submitted Performance Statement in terms of the proforma given in Clause 3 of the NIT. By placing such Performance Statement dated June 7, 2019 (annexed at page 86 of the writ petition), learned counsel contends that all particulars, as required by the NIT, were furnished by the petitioner. Despite having done so, the tendering authorities rejected the petitioner's bid for nonsubmission of Performance Statement in prescribed format.

(2.) Learned counsel for the petitioner further submits that the bid of the private respondent was accepted unlawfully, although the same was in contravention of the conditions stipulated in the NIT.

(3.) Clause 18.3 of the NIT provides that if any document required to be submitted for e-tender by the bidder in his technical proposal is not submitted or is found to be deficient in any manner at any stage after opening of bid, the bid may be summarily rejected.