BANSIDHAR MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in this writ petition under Article 226 of the Constitution of India has challenged a tender notice published under Memo No.11548 dated May 17, 2016 issued from the office of the Chief Medical Officer of Health, Purulia, Government of West Bengal on the grounds that the tender is invited for supply of cooked diet in the hospital for a period of three years which will remain valid till July 31, 2019 which is in violation of a Government Order issued under Memo No.HF/O/MS/1032/W -14/10 dated November 10, 2014 whereby the rate of cooked diet for supply in the Government hospitals will remain valid only up to March 31, 2017.

(2.) Learned counsel appearing for the petitioner submits that the Chief Medical Officer of Health cannot invite any tender in violation of a direction dated November 11, 2014 passed by the department of Health and Family Welfare, Government of West Bengal.

(3.) Learned counsel appearing for the State, on the other hand, submits that the notification dated November 10, 2014 issued by the Department of Health and Family Welfare, Government of West Bengal relates to rate of cooked diet to be supplied in the hospitals, and that the same has nothing to do with the period of tender.