Judicial review in tender matters requires restraint, emphasizing compliance with the tendering authority’s interpretation unless clear evidence of wrongfulness is established.

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 Board.

(iii) The cost of cooking gas has been fixed at Rs. 6.15/- per head per day.

(iv) The rate offered should be consolidated i.e., (a) cost of raw material (b) cost of cooking gas (c) service charge including profit and taxes if any.

26. From diet schedule, annexed herewith, it will be evident that a total of 8 (Eight) categories of diet along with scales are being maintained in the Hospital diet so constituted with a no. assigned to each dietary categories should preferably be supplied as follows:-

(i) Morning Tea - 7 a.m. to 7.30 a.m.

(ii) Breakfast - 8.30 a.m. to 9 a.m.

(iii) Lunch -11.30 a.m. to 12 Noon.

(iv) Afternoon Tea - 3.30 p.m. to 4 p.m.

(v) Dinner - 8 p.m. to 8.30 p.m.

FURNISHING OF RATES:-

a) Cost of raw materials :- The costs of raw materials have been acquired as per Wet Bengal Agricultural Marketing Board.

b) Cooking gas:- The cost of cooking gas will have to be shown separately for Tea, Breakfast, Lunch and Dinner for each category of diet.

c) Cost of Service charges including taxes, if any:- The cost of service charges including taxes, if any, will have to be shown separately for Tea, Breakfast, Lunch and Dinner for each category of diet.

(d) Finally, consolidated rate against each to be quoted taking together, (a+b+c) for the supply of each category of diet. The bidder has to fill up the Diet schedule of Diet – I to Diet-8 accordingly and upload it along with other documents for verification of the calculation done by the bidder, to come to a consolidated rate. The bidders can only put the consolidated rate of each category of Diet in the BOQ. If there is discrepancy between the rate uploaded and the rate quoted in the Diet schedule, then the bid will be liable for rejection. Rates must be quoted against each category of diet and each scale of diet and not in a single category of diet should be left un-quoted. The bid will be cancelled, if the bidder does not