BAJRUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A constitutional issue of considerable importance has arisen in this seemingly non-descript petition under Article 226 of the Constitution: whether upon a re-tender conducted by the State or any of its instrumentalities - by illegally or irregularly cancelling the original tender process - throwing up a substantially better offer, the court may disregard the illegality or irregularity in public interest or for the greater public good.

(2.) The petitioner insists that upon the issuance of the letter of acceptance to the petitioner following the successful completion of the original tender process, the State is duty bound to honour the agreement in favour of the petitioner. To boot, the petitioner asserts that the cancellation of the original tender process and the decision to invite fresh offers was not upon the State perceiving a loss to the exchequer as a result of the State's acceptance of the petitioner's offer. The petitioner contends that just as the State and its instrumentalities have to be model landlords and impeccable tenants, they are bound to honour the agreements to which they are parties and cannot wriggle out of a concluded contract by citing excuses as would be available to a defendant in a suit for specific performance of a contract.

(3.) The State Public Works Department invited offers for felling trees to facilitate the widening and strengthening of the Debra-Sabang road in Paschim Medinipur upon obtaining due permission therefor from the Forest Department.