Sl.133-134 10.02.2026 Court No.19 BP WPA 11154 of 2025 United Order and Supply Co-operative Society Limited -versus-

The State of West Bengal and others With WPA 682 of 2026 United Order and Supply Co-operative Society Limited -versus-

The State of West Bengal and others Mr. Satrajit Sinha Roy ..for the petitioner Mr. Sk. Md. Galib, Sr. Govt. Advocate Ms. Priyamvada Singh ..for the State in WPA 11154 of 2025 Mr. Lalit Mohan Mahata, Ld. AGP Mr. Rudranil De ..for the State in WPA 682 of 2026 The petitioner has approached this Court praying for issuance of a mandamus directing the respondent authorities to frame a scheme for participation of the Co- operative Societies in the Government contract to be issued by the respondent authorities.

The petitioner in WPA 682 of 2026 states that the ESI Hospital Authorities have published notice inviting tenders for supplying cooked diet foods, scavenging, washing, cleaning, supplying of different type of equipment, surgical equipment, furniture and fixtures etc.

in the hospitals run by the Department of Labour under the Government of West Bengal, without giving any preference to the co-operative societies.

In WPA 11154 of 2025 the petitioner states that the Department of Health and Family Welfare has not framed any scheme allowing participation of Cooperative Societies in the West Bengal by given them some preference for the purpose of sustainable development of the Cooperative Societies.

The learned advocate appearing for the petitioner draws the attention of the Court to the Notification dated 19^th November, 2004 more particularly Note 2 and Note 3 thereof wherein it has been indicated that the State Government may, instead of going through tender or quotation purchase the products of the three production centres of the Refugee Relief and Rehabilitation Directorate, Government of West Bengal provided their rates are comparable to the rates of similar articles of the West Bengal State Handloom Weavers’ Cooperative Society Limited and the West Bengal Handloom and Powerloom Development Corporation Limited and Note 3(a) states that if the Government Stationery Offices fail to supply stationery articles to the State Government Offices as per their indents, such articles may be purchased from the Co-operative Societies without obtaining quotations or inviting tenders.

The learned advocate for the petitioner further places reliance upon Rule 96 of the West Bengal Cooperative Societies Rules, 2011 and submits that the State Government has not framed any scheme for giving preference to Co-operative Societies as specifically mentioned under clause (i) to (vi) of Rule 96.

State is represented by Mr. Mahata, learned Additional Government Pleader and Mr. Galib, learned Senior Government Advocate.

An objection has been raised by the learned advocates for the State as to the maintainability of these writ petitions and in support of such contention reliance has been placed upon the decision of the Hon’ble Supreme Court in the case of Census Commissioner and Others Vs. R. Krishnamurthy reported at (2015) 2 SCC 796 and an order dated 24th April, 2025 passed by the Hon’ble Division Bench in WPA (P) 112 of 2025 in the case of Ashes Mukherjee & Ors. Vs. the State of West Bengal &

Ors Heard the learned advocates for the respective parties and perused the materials placed.

The petitioner has prayed for issuance of a writ of mandamus commanding the respondent authorities to frame guidelines/scheme for participation of the Cooperative Societies in the Government contract to be issued by the respondent authorities. Rule 96 of the West Bengal Cooperative Societies Rules, 2011 states that in respect of any Cooperative Society or class of Cooperative Societies in the interest of promotion of cooperative movement in the State, the State Government may, by general or special order, grant preference or exemption in matters which has been specifically indicated under clauses (i) to (vi) of the said Rule. The expression “may” used