Amitabha Mitra v. West Bengal Medical Services Corporation Limited And ORS
28.03.2025 d.p.
In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 3216 of 2025 Amitabha Mitra -versus West Bengal Medical Services Corporation Limited & Ors.
Mr. Sabyasachi Choudhury, Mr. Rajarshi Dutta, Mr. Neelesh Choudhury, Ms. Anurudha Poddar, Mr. Subhrojyoti Mukherjee.
...For the Petitioner.
Mr. Chayan Gupta, Mr. Prasun Mukherjee, Mr. Deepak Agarwal,m Mr. P.K. Singh.
...For the Respondent Nos. 1 and 2.
1.
Two supplementary affidavits by the petitioners filed in Court today are taken on record. 2.
The matter relates to a bid process which was initiated on 30th September, 2023 by the West Bengal Medical Services Corporation Limited, Kolkata. 3.
The petitioner participated in the said bidding process but the bid of the petitioner stood rejected as the mandatory servicing /documents asked in the bid was not furnished.
4.
Learned advocate appearing on behalf of the petitioner refers to the corrigendum containing the changed provision and submits that all the requirements in the corrigendum were duly complied with.
5.
Learned advocate appearing on behalf of the respondents has placed documents before this Court in support of the submission that the petitioner failed to meet the minimum requirement as required.
6.
Neither the NABCB compliance nor BIFMA membership certificate nor CDSCO certificate relied upon by the petitioner was in accordance with the terms and conditions of the bid document.
7.
A further requirement was that the bidder should have servicing set up unit in North Bengal and South Bengal and there should be clear supporting documents with authorized licence in this regard. 8.
The petitioner has not been able to upload any document to show that he had a servicing set up unit in North Bengal.
9.
Similar nature completed work being one of the credentials also does not appear to have been fulfilled.
10. The Court is of the opinion that there is hardly any error in the decision making process of the respondent authority in rejecting the bid of the petitioner.
11. The Court is not inclined to exercise jurisdiction in this matter.
12. The writ petition fails and is hereby dismissed.
13. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha, J.)