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2021 Supreme(Cal) 221

SABYASACHI BHATTACHARYYA
Shiba Prasad Banerjee – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
Saptangsu Basu, Advocate, Swarup Paul, Advocate, Surya Maity, Advocate, Amrita Maji, Advocate, Mrinalini Majumder, Advocate, Samrat Sen, Advocate, Amitava Mitra, Advocate, Amrita Panja, Advocate

JUDGMENT

Sabyasachi Bhattacharyya, J. - The petitioner participated in a tender dated September 6, 2019 floated by the respondent authorities for cleaning and housekeeping services in respect of two hospitals at Kalna and Katwa and succeeded, along with respondent nos. 9 and 10, in the technical stage. Thereafter there was a tie between the petitioner, respondent nos. 9 and 10 and others at the financial bid stage, for which the fate of the bidders was decided by lots. The petitioner participated and lost in respect of both the hospitals and three others, including respondent nos. 9 and 10, were chosen as successful bidders for each hospital and work orders issued to them. On October 25, 2019, the petitioner gave a representation to the tender issuing authorities indicating his grievances at the selection of respondent nos. 9 and 10 even at the technical stage. The present writ petition has been filed challenging the tender process and consequential work orders and for a direction on the respondent authorities to consider the petitioner's aforementioned representation.

2. The petitioner assails the selection of respondent no. 9 on two grounds.

3. First, that the petitioner had submi

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