A party must meet essential qualifications to participate in a tender process; lack of participation in prior selection disqualifies any challenge to the process.

JUDGMENT :

Aniruddha Roy, J.

Affidavit-of-service, filed in Court today, is taken on record.

Mr. Sudip Deb, learned senior counsel being ably assisted by Ms. Ipshita Ghosh, learned counsel appears for the petitioner.

Mr. Kishor Datta, learned Advocate General and Senior Advocate appears for the respondent Nos. 2 and 3 being assisted by Mr. Anirban Ray, learned Government Pleader and Senior Advocate.

Mr. Nilotpal Chatterjee, learned counsel and Mr. Debraj Sahu, learned counsel appear for the respondent No. 1.

Facts :

1. A tender notice dated December 20, 2024, Annexure – P3 at page 28 to the writ petition was issued by the respondent No. 2 for selection of Mine Developer and Operator (MDO) of Sand Blocks in West Bengal. The essential criteria to participate in the said tender process was that, the intending bidder must be a Mine Developer and Operator (MDO). For the purpose of declaring one as a Mine Developer and Operator (MDO) two selection processes were held by the respondent No. 2 in 2021 (for short, first selection process) and in 2023 (for short, the second selection process). The first selection process was concluded in or about December, 2021 and the second selection process was concluded in or about August-September, 2024. The admitted position is that, the petitioner had not participated in either of the said selection process for being qualified as MDO.

2. The petitioner thereafter sought to participate in the said tender process held in terms of the said tender notice dated December 20, 2024 (for short the subject tender). The petitioner submitted its representation dated January 7, 2025, Annexure – P5 at page 75 to the writ petition before the respondent no. 2 for considering its candidature under the subject tender process and for being qualified as MDO. Since the authorities failed to consider the representation, the instant writ petition has been filed with the following prayers:

“a. Leave may be granted to move this writ petition dispensing Rule 26A of the Appellate Side Rules.

b. A writ in the nature of Mandamus do issue directing the respondents, its men, agents and servants specifically the respondent no.2 to allow the petitioner to apply in the tenders being Annexure “P-3”.

c. A writ in the nature of Mandamus do issue directing the respondents, its men, agents and servants specifically the respondent no. 2 to forthwith allow the petitioner to be empanelled as MDO after scrutinizing his eligibility criteria.

d. A writ in the nature of Mandamus do issue directing the respondents, its men, agents and servants specifically the respondent no. 2 to show cause as to why the impugned tender process of floating the tenders being Annexure “P-3” will not be set aside and/or quashed with immediate effect.

e. A writ in the nature of Certiorari do issue commanding the respondents to produce all the records of the case including the representations made by the petitioner before this Hon’ble Court so that conscionable Justice may be administered;

f. Rule Nisi in terms of prayer (a) to (e).

g. An ad-interim order directing the respondents to maintain status-quo of the residual stocked sand, till the pendency of the writ petition;

h. Ad-interim order of injunction restraining the respondents, their men, agents assigns and subordinates from taking steps against the tenders being Annexure “P-3”, till the disposal of the application;

i. Such further or other order or orders be passed and/or directions be given as to this Hon’ble Court may deem fit and proper.”

Submissions :

3. Mr. Sudip Deb, learned senior counsel appearing for the petitioner has canvassed two-fold of arguments. Firstly, though the notifications for holding the selection process in 2021 and 2023 respectively were published in the official website of the respondent no. 2, in the public domain but the same has escaped the notice of the petitioner, as a result, the petitioner could not participate in either of the said selection process for being qualified as MDO and since the pet