JUDGMENT :

MOUSHUMI BHATTACHARYA, J.

1. The petitioner seeks a direction on the answering respondents being the Director and Superintendent, ESI Hospital, Serampore, Hooghly to allow the technical bid of the petitioner and permit the petitioner to participate in the financial bid. The concerned E-Tender was floated on 18.8.2022 by ESI Hospital, Serampore for supply of cooked diet to the indoor patients of the said hospital. The petitioner’s grievance is that the petitioner’s technical bid was rejected for non-submission of documents required under the E-Tender terms whereas others in a similar situation have been selected.

2. According to learned counsel appearing for the petitioner, the impugned rejection, which would appear from an attached document giving a tabulated statement of the results of the technical bid, is that the petitioner was rejected despite the petitioner furnishing documents in both categories namely copies of Professional Tax Payment Certificates, Challans for last 3 years and Trade license/certificates of enlistment for trade in the field.

3. The learned AAAG appearing for the State and ESI Hospital submits that the Terms and Conditions of the E-Tender would make it clear that submission of attested photo copies of Professional Tax Payment Certificates/Challans as well as the Trade license certificates for enlistment for trade in the field are essential conditions. Counsel submits that the petitioner failed on both counts since the petitioner’s documents did not fulfill the benchmark as required in the tender Terms and Conditions.

4. The relevant material placed before the Court indicates that the dispute revolves around two counts. Both these factors are to be found in clause 4 “Technical Bids” of the E-Tender Terms and Conditions. Clause 4(iv) requires bidders to furnish attested photo copy of Professional Tax Payment Certificate/Challan for the last 3 years. Clause 4(iv) specifies the 3 years in the clause itself namely F.Y. 2018-19, 2019-20, 2020-21. The clause also specifies that non-submission of certificate/challan would result in rejection of the bid. The petitioner’s admitted case is that the petitioner did not furnish the Professional Tax Payment Certificates/Challans for the F.Y. 2018-19 since the petitioner misconstrued the “last 3 (Three) years” in the said clause and instead furnished certificates for the years 2019-20, 2020-21 and 2021-22.

5. This Court is of the view that non-furnishing of the certificates for the 3 F.Y. as mentioned in the Terms and Conditions of the bid is a violation of an essential term of the E-Tender document. There is simply no scope to misconstrue clause 4(iv) since the specific 3 F.Y. have been mentioned in the said clause. The objection raised by the petitioner on this ground is thus considered and rejected.

6. The other point is the rejection of the petitioner’s Trade License/certificate of enlistment. The petitioner says that the other bidders’ certificates were accepted by the authority despite being similar in terms of content.

7. Clause 4(v) of the e-tender conditions required attested photo copies to be uploaded of “Trade license/certificate of enlistment for trade in the field i.e. Catering License for supply of cooked diets and Food license.......” This was also an essential condition since clause 4(v) provides that in case of non-submission of these certificates the bid would be liable to be rejected. A careful consideration of the Trade License certificates produced by the other 5 bidders which can be found in the Report filed by the State indicates that all these certificates are permanent certificates of enlistment with reference to “Cooked Diet Supply.” The documents furnished by the other bidders also include Udyam registration certificate which is relevant for MSMEs mentioning in particular “operation of canteens or (e.g. for factories, offices, hospitals or schools) on a concession basis.” Each of the 5 bidders have produced similar certificates which ref