RUPA ENTERPRISES Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner seeks a direction on the answering respondents being the Director and Superintendent, ESI Hospital, Serampore, Hooghly to allow the technical bid of the petitioner and permit the petitioner to participate in the financial bid. The concerned E-Tender was floated on 18/8/2022 by ESI Hospital, Serampore for supply of cooked diet to the indoor patients of the said hospital. The petitioner's grievance is that the petitioner's technical bid was rejected for non-submission of documents required under the E-Tender terms whereas others in a similar situation have been selected.

(2.) According to learned counsel appearing for the petitioner, the impugned rejection, which would appear from an attached document giving a tabulated statement of the results of the technical bid, is that the petitioner was rejected despite the petitioner furnishing documents in both categories namely copies of Professional Tax Payment Certificates, Challans for last 3 years and Trade license /certificates of enlistment for trade in the field.

(3.) The learned AAAG appearing for the State and ESI Hospital submits that the Terms and Conditions of the E-Tender would make it clear that submission of attested photo copies of Professional Tax Payment Certificates/Challans as well as the Trade license certificates for enlistment for trade in the field are essential conditions. Counsel submits that the petitioner failed on both counts since the petitioner's documents did not fulfill the benchmark as required in the tender Terms and Conditions.