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IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
United Order and Supply Co-Operative Society Ltd. – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Ajay Kumar Gupta, J.
1. The writ petitioner approached this Court praying for direction upon the respondent authorities to admit the technical bid of the Petitioner and to reject the technical bids of respondent nos. 15 to 17 in connection with the tender process initiated in NIT No. 3542 dated 27.05.2019 for supply of cooked diet for indoor patients at Bankura Sammilani Medical College & Hospital, Bankura along with other consequential reliefs.
2. The sum and substance of this case is that the petitioner is a society duly registered under the Co- operative Societies Act, 1983 and engaged, inter alia, in the business of supplying cooked diet to various Government Hospitals across different districts of the State of West Bengal.
3. Pursuant to NIT No. 3542 dated 27.05.2019, issued by respondent no. 7 invited E-Tender for supply of cooked diet to the indoor patients of Bankura Sammilani Medical College & Hospital. The petitioner participated in the said tender process by submitting all requisite documents.
4. The technical bid of the petitioner was opened and duly admitted on 19.06.2019. A comparative statement of technical bid was uploaded on the tender web portal bearing the
Judicial intervention in tender processes is limited; courts should exercise restraint unless there is clear evidence of arbitrariness or mala fides.
The court emphasized the limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
Important Point – Government Contract – Tender – Public authorities have to ensure that no bias, favouritism or arbitrariness are shown during bidding process and that entire bidding process is carri....
The court highlighted the importance of adhering to the Standard Bidding Document (SBD) and Notice Inviting Tender (NIT) requirements, including the provision of accurate information, and emphasized ....
The main legal point established in the judgment is that the disqualification of a bidder must be justified, and an unsuccessful bidder cannot challenge the qualification of other bidders.
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