Rajib Roy v. State Of West Bengal And ORS.

10.06.2022 Court No.13 Item No.22 AP RVW 14 of 2022 With CAN 1 of 2022 Rajib Roy Vs.

The State of West Bengal and Ors.

In WPA 19550 of 2021 Rajib Roy Vs.

The State of West Bengal and Ors.

Mr. Satrajit Sinha Roy ... For the petitioner.

Mr. Jishnu Chowdhury Ms. Amrita Panja Moulick ... For the State.

Review is sought of the order dated 13th January 2022, inter alia, on the ground that the counsel for the petitioner while appearing in virtual mode, could not place his case effectively.

It is submitted that it could not be informed to the Court that the evaluation process for the purpose of fixing a figure of 3 crores for supplying linen to various hospitals in the State of West Bengal, is irrational. It is submitted that the time taken for collection, cleaning and re-supplying linen to hospitals, cannot be done in a short span of three days.

Having heard the counsel for the parties, this Court is of the view that the said submission has been

duly addressed by this Court, in its order dated 13th January, 2022, inasmuch as the evaluation of the value of the tender involves an element of subjectivity/administrative discretion/commercial decision that cannot be ordinarily interfered with by a writ Court under Article 226 of the Constitution of India. This would come within the discretion of the State, which decision does not call for judicial review. With the aforesaid observations, RVW 14 of 2022 is hereby dismissed.

In view of the dismissal of the review application, connected application being CAN 1 of 2022 shall also stand dismissed.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)