REKHA TAMANG Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard Mr. Gupta, learned Counsel appearing on behalf of the appellant and Mr. Majumdar, learned Counsel appearing on behalf of the State.

(2.) In the instant appeal, the legality of the judgment and order dated 28.5.2013 passed by the Single Bench in W. P. 15653 (W) of 2013 dismissing the writ petition has been questioned. The tender was invited for effecting the supply. Para '2' of the tender inviting notice provided that application for tender shall be accompanied by various documents such as, valid vat registration certificate, photocopy of the income tax return, PAN card, the attested photocopy of the memorandum of association and the last available audit report in case of firm/amalgamation of more than one firms and proof of authorised dealer or sub-dealer of reputed brand of cement of ACC, Ambuja, Lafarge or Birla and at the same time, condition No.3(a) in the notice inviting tender is to the effect that the application shall be accompanied by a credential certificate of Rs.35 lakhs in the shape of payment certificate for the similar type of supply made in a particular complete financial year either through a single supply order or through multiple supply order within the last two financial years.

(3.) The tender papers were not issued to the appellant/petitioner as he did not file the aforesaid credential certificate of Rs.35 lakhs of having completed the similar type of supply within the last two financial years.