ASHOK KUMAR AGARWALA Vs. HABRA MUNICIPALITY & ORS.

JUDGEMENT

(1.) The present writ petition has been preferred challenging the tender process initiated by Habra Municipality (in short, the said municipality) through issuance of a notice inviting e-tender (in short, NIT) dated 25th May, 2018.

(2.) Mr. Roy, learned advocate appearing for the petitioner submits that responding to the said NIT, the petitioner uploaded his bid online pertaining to the work proposal in serial no.2 for "supply, erection, fitting and fixing of 6 MTR. Octagonal Pole with 60W and 45W LRD Street light at Ward No. 13-24 under Habra Municipality". Along with his bid, the petitioner uploaded all the relevant documents. Subsequent thereto, the technical bid evaluation sheet was uploaded in the website. From the same, the petitioner came to learn that his bid has been rejected for "not uploaded, E.S.I. Registration Certificate".

(3.) Mr. Roy submits that E.S.I. registration was not an essential and mandatory eligibility criterion for participation in the said tender process. Submission of such E.S.I. registration certificate is not a mandatory requirement and the said document is not included in the list of documents required to be uploaded under non-statutory cover. In support of such contention, he has drawn the attention of 2 this Court to clause 10 of the NIT and to clause "technical proposal" as incorporated in Section-A of the "Instruction to Bidders". A composite reading of the said clauses would reveal that E.S.I registration certificate was not a mandatory eligibility criterion in the said tender process and as such the petitioner's bid could not have been cancelled for nonproduction of such certificate.