KALYANI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Mr. Santosh Ku. Swain, learned counsel for the petitioner, Mr. D.P. Dhal, learned counsel appearing for the intervenor -petitioner and Mr. Ramakanta Mohapatra, learned Government Advocate for the State -opposite parties. By means of this writ petition, the petitioner has prayed for quashing of impugned Tender Call Notice No.2 dated 24.9.2009 published under Annexure -2 with a further prayer to direct the authority to give the tender call notice afresh block wise inviting applications only from WSHGs and their federation by affording them reasonable time to submit their tender papers for supply of Arhar Dal under Supplementary Nutrition Programme for Bhadrak District during the year 2009 -2010.

(2.) FACTS of the case are that the petitioner is the Secretary of Alok Jyoti Block Federation (WSHG) of Tihidi Block in the district of Bhadrak. The Government of Orissa in Women and Child Development Department through "MISSION SHAKTI" has undertaken a series of drives for empowerment of women living below the poverty line and to achieve the above goal, the formation of Women Self -Help Groups has been done and is being encouraged in Panchayat level all over the State. The Collector, vide impugned tender notice dated 24.9.2009, invited sealed tenders in the prescribed format from the registered Firms/Suppliers/Co -operative Agencies/WSHGs for supply of Arhar Dal under Supplementary Nutrition Programme (SNP) for Bhadrak district during the year 2009 -2010. It was mentioned in the said notice that the tender papers can be obtained from the office of the DSWO, Bhadrak, opposite party No.4 on payment of Rs.5,000/ - during the office hour on any working day till 2.30 PM from 29.9.2009 to 5.10.2009. It has been further stated therein that the tender papers should be sent by Regd. Post with AD in a sealed cover to the D.S.W.O., Bhadrak so as to reach his office on or before 2.30 PM of 5.10.2009 and the tenders shall be opened on the same date i.e. 5.10.2009 at 3 PM by the Collector Bhadrak in the Collectorate or any officer authorized by him in presence of the Purchase Committee members.

(3.) A perusal of the advertisement shows the arbitrariness of the opposite parties as the time granted by the opposite parties in ordinary course was not sufficient for a normal person to prepare himself for participation in the tender. The arbitrariness of the concerned officer is as under :