JUDGMENT :

SHAMPA SARKAR, J.

1. Supplementary affidavit filed by the petitioner is kept on record.

2. The petitioner participated in a tender floated by the South Eastern Railway. The Chief Engineer/Con/II/GRC, South Eastern Railway, Garden Reach, Kolkata, intimated the petitioner that the techno commercial bid of the petitioner was found unsuitable. The petitioner’s bid had failed, as the bid capacity was not certified by the Chartered Accountant.

3. Mr. Kundu, learned Senior Advocate appearing for the petitioner has assailed the cancellation of the bid on the following grounds:

(a) The documents as specified in clause 12.25 of the tender conditions had been certified by the Chartered Accountant. According to Mr. Kundu, the format at page 78 of the writ petition was the profoma in which the information was to be given and the said proforma was duly filled in, with the signature and certification of Chartered Accountant.

(b) The authority failed to consider the documents deposited by the bidder in support of his credentials (bid capacity). The information document as per Note-(a)(i) and (ii) were duly certified by the Chartered Accountant and those documents have been produced before thi