S. B. ENTERPRISE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner is a sole proprietorship firm having one Subhash Chandra Das as its proprietor. It does business of supplying cooked diet at the Jhargram District Hospital for some time. The writ petitioner has challenged Memo No.213(2)-HS(MS)/HFW-40040/5/2020 dated December 21, 2022 whereby the Proforma Notice Inviting Tender (NIT) incorporating the model terms and conditions of tenders for supply of cooked diet for indoor patients of Government Health Facilities in the State of West Bengal are to be floated.

(2.) The petitioner has also challenged a Communication dated December 22, 2022 forwarding such Memo.

(3.) The learned Senior Advocate for the petitioner contends that Clause 3 of the Notice Inviting Tender (NIT) of the impugned NIT guidelines provides as eligibility condition that the intending tenderers should produce credential of similar nature of a completed single work having minimum value of 40% of the estimated amount put to tender during the three years prior to the date of issue of the Notice or credentials of two similar nature of completed works, each having a minimum value of 30% of the estimated amount put to tender during the three years prior to the said date. A foot-note below Clause 3.1 indicates that one bidder can apply for more than one hospital subject to his credential being calculated on the sum total of the turn-over of all hospitals whereas the bidder had submitted his bid.