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MANJULA CHELLUR, JOYMALYA BAGCHI
Orient Blackswan Pvt. Ltd. – Appellant
Versus
Sandip Nayak – Respondent


Advocates Appeared:
For the Appellants in MAT 111 of 15 :Hirak Mitra, Sr. Adv., Dipta Bhanu Dutt and Arpita Basu, Advocates.
For the Respondents in MAT 111 of 15:S.N. Mukherjee, Sr. Adv., Saptangsu Basu, Sr. Adv., Sagar Bandyopadhyay, A. Banerjee and S. Lahiri, Advocates.
For the Respondent No. 15:Biswajit Basu and S. Banik, Advocates.
For the State :Tapan Kumar Mukherjee, Ld. A.G.P. and Bikash Kumar Mukherjee, Advocate.
For the H.S. Council :L.K. Gupta, Ld. Addl. A.G., Ekramul Bari and S. Mondal, Advocates.

JUDGMENT :

Joymalya Bagchi, J.

Appeal being MAT No. 111 of 2015 is directed against the judgement and order dated 13th January, 2015 passed by the learned Single Judge whereby the learned Single Judge quashed the work order issued in favour of respondent no.14 for publishing and distribution of text books for the West Bengal Council of Higher Education (hereinafter referred to as the Council) for the year 2015-2016 and directed the Council to take decision in respect of tender for the aforesaid year within a stipulated time. Cross appeal being MAT No.133 of 2015 has also been preferred against the said order by the writ petitioner/respondent No. 1.

2. Facts giving rise to the aforesaid appeals are as follows :

3. On 29th April, 2013 the Council published a notice inviting tender from reputed and bona fide publishers for printing, binding, publishing and distribution of 8 text books against annual royalty on sale proceeds for the years 2013 -2014, 2014-2015 and 2015-2016.

4. The salient terms of the said tender are as follows :-

(a) The publisher must be a member of any recognised publishers' association of West Bengal as well as of Federation of Indian Publishers (FIP) and the Federation























































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