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ARIJIT BANERJEE, APURBA SINHA RAY
Rishikesh Chem – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Arijit Banerjee, J.
1. This appeal is directed against a judgment and order dated April 24, 2023, whereby, the writ petition of the appellants being W.P.A. 9529 of 2023 was dismissed.
2. A tender has been floated by Kolkata Municipal Corporation (in short ‘KMC’) for supply and delivery of liquid chlorine from proven and reputed manufacturers/their authorized agents. The tender pertains to the financial year 2023-24. The estimated tender value is Rs. 4,22,50,158/-. The eligibility criteria for participation in the tender is mentioned as follows:-
All intending tenderers should qualify eligibility criteria for the purpose of TENDER FOR LIQUID CHLORINE. If any of the participating tenderer fails to qualify in any of the terms & conditions mentioned below, the particular tender will be declared informal/non-responsive.
I) Tenderer should produce valid PAN issued by IT Department, Govt. of India, valid 15-digit Goods and Services taxpayer Identification Number (GSTIN) under GST Act, 2017, latest Professional Tax returns copy and certificate. Trade license will be mandatory for those whose unit is located within the jurisdicti
The employer must be allowed due leverage in the distribution of state largess, and the relaxation of eligibility criteria can be lawful and permissible if it does not prejudice potential bidders. Ad....
Judicial review of tenders limited to arbitrariness or malafide; eligibility conditions upheld if public interest served with multiple qualified bidders; bid time reduction valid with approval; ineli....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
Tender notices must clearly define eligibility criteria to ensure fairness and prevent discrimination among bidders, particularly when involving contractors from different states.
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
The main legal point established in the judgment is the limitation of judicial review in tender matters, the need for commercial prudence in evaluating tenders, and the importance of fairness and non....
The Court upheld the Corporation's authority to impose pre-qualification criteria and found that it did not amount to blacklisting the petitioner.
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