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2021 Supreme(Cal) 541

ARINDAM MUKHEREJEE
Sonarpur Progotir Pathe – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rajmohan Chattoraj, Mr. Sankar Prasad Dalapati, Mr. Subrata Sarkar, Mr. Saurav Mondal, Mr. Abhijit Sarkar.
For the Respondents: Mr. Samrat Sen, Mr. Sutapa Sanyal, Mr. Siva Prasad Ghosh.

JUDGMENT :

(Arindam Mukherjee, J.) :

1. The petitioner no.1, a registered society as claimed and the petitioner no.2 its President have, inter alia, sought for cancellation of a letter dated 2nd February, 2021 issued by the Chief Medical Officer Health, Murshidabad (respondent no.3) to respondent no.5 (Anjana Ghosh Memorial Social Welfare Trust) informing the said respondent to have been selected as the lowest bidder on the ground that the bid of the respondent no.5 was mandatorily required to be rejected.

Facts of the Case :

1. The Chief Medical Officer of Health, Berhampore, Murshidabad, Health and Family Welfare Department, Government of West Bengal had published a notice inviting e-Tender inviting offers from eligible bidders for establishment of Waiting Hut for Pregnant Women at Teghari BPHC, Mahesail BPHC, Saktipur BPHC & Beniagram PHC (Farakka) in Murshidabad district of the State for 3 years from the date of award of the contract (hereinafter referred to as said NIT).

2. The bids for the said NIT were required to be submitted in three parts ‘Bid – A’, ‘Bid – B’ and ‘Bid – C’. ‘Bid – A’ and ‘Bid – B’ constitute the technical bid and ‘Bid – C’ is the Bill of Quality (in short

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