SANDIP NAYAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this writ petition the petitioner seeks to cancel the decisions taken pursuant to tender notice dated 29th April, 2013, so also to award the work order in respect of textbooks to the petitioner.

(2.) The case of the petitioner is that quotations were invited from reputed and bona fide publishers for printing and publishing textbooks for the West Bengal Council of Higher Secondary Education (Council) against annual payment of royalty on terms and conditions set out in the tender notice. One of the conditions of the tender was that the publisher must have a proven record for publishing textbooks for boards for the last three years. As the petitioner had experience in publishing textbooks for the Madrasah Board, an offer was made. The royalty offered by the petitioner was 35%, as against the 25% offered by the successful bidder, therefore, the petitioner's offer ought to have been considered at the time of opening of the tender on 15th May, 2013.

(3.) A meeting was held on 16th May, 2013, whereat the Tender Committee decided unanimously to issue a work order in favour of the private respondent no.14 in respect of seven books. At the said meeting the terms of the tender was altered by not making the percentage of royalty as the chief criteria, which is not permissible. The reason given for rejecting the petitioner's offer was lack of experience and the complaint filed against the owner of Grantha Tirtha, father of the petitioner. The Secretary, School Education Department directed a meeting to be held in the Chamber of the President of the Council in the presence of Government observers, which was held on 19th June, 2013 and 24th June, 2013.