ELECTROSTEEL STEELS LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A tender process is under challenge.

(2.) Learned Senior Advocate appearing on behalf of the petitioners submits that, Clause 3(b) and 5.2 of the notice inviting tender dated June 3, 2019 issued by the State Authorities are ultra vires the provisions of Article 14 of the Constitution of India. Both the clauses cannot withstand the test of reasonableness and rationality.

(3.) According to him, clause 3(b) of the tender documents required that a Ductile Iron Pressure Pipes (in short DI Pipes) manufacturer should have minimum single order credential of Rs.115 crores for supply of DI pipes or 2 (two) numbers of order value of Rs.86 crores within last five financial year. He submits that, such supply is required to be made to State/Central Government, State/Central Government Undertaking/Statutory/Autonomous Bodies. Supply to private players will not qualify. He refers to a corrigendum issued by the authorities on June 27, 2019 and submits that, the corrigendum also require supply to the same entities without private players being ousted.