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IN THE HIGH COURT AT CALCUTTA
ARIJIT BANERJEE
Ghosh & Roy Co. – Appellant
Versus
A-One Enterprise – Respondent
JUDGMENT :
Arijit Banerjee, J.
1. A judgment and order dated October 27, 2025, passed by a learned Judge of our Court in WPA 16009 of 2024, being a writ petition filed by the respondent nos. 1 and 2 herein (in short ‘A-One’), is under challenge in this appeal at the instance of the respondent no. 6 in the writ petition, Ghosh & Roy Co. (in short ‘GRC’).
2. The disputes between the parties pertain to a tender floated by the Government of West Bengal, Office of the MPO-cum-Superintendent, ESI Hospital, Manicktala, Kolkata. It was an E-tender (Two Bid System) for “Patient Diet (indoor patients)” at the ESI Hospital Manicktala for 2023-24 and 2024-25. The invitation to E-tender was issued vide memo dated May 11, 2023.
3. The relevant terms and conditions of the tender are reproduced hereunder:-
“5. Financial Bids (i) The rate should be quoted for all categories of diets separately (Diet 01 to Diet 08) in the format and upload the same along with other documents.
(ii) In the interest of supplying quality Diet for indoor patients, the offered rate for raw materials should not be less than the rate calculated by the Office on the basis of the rate provided by West Bengal Agriculture Marketing
Judicial review in tender matters requires restraint, emphasizing compliance with the tendering authority’s interpretation unless clear evidence of wrongfulness is established.
The court mandated adherence to tender conditions, emphasizing that procedural violations invalidate selections made via non-compliance with established rules.
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.
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
Judicial intervention in tender processes is limited; courts should exercise restraint unless there is clear evidence of arbitrariness or mala fides.
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