Sandip Halder v. State Of West Bengal And ORS.

18.05.2023 sayandeep Sl. No. 11 Ct. No. 05 WPA 12182 of 2023 Sandip Halder -VersusThe State of West Bengal & Ors.

Mr. Swarup Paul Mr. Surya Maity Mr. Gurusaday Dutta Mr. Anish Roy ...... for the petitioner Mr. Nilotpal Chaterjee Mr. Amrita Lal Chatterjee .....for the State The petitioner has challenged a Clause in a tender floated by the ESI Hospital, Manicktala for supply of cooked diet at the said Hospital. According to learned counsel appearing for the petitioner, Clause 4(xiii) is arbitrary as it requires the agency/bidder to have an annual turnover of Rs. 2 crores in each of the three financial years 2020-2021, 2021-2022 and 20222023 failing which the bid will be rejected. Counsel submits that this amount is too high.

Learned counsel appearing for the ESI, Hospital points to a Corrigendum dated 12.05.2023 which shows that a Pre-Bid Meeting is scheduled to be held today, i.e., 18.05.2023 at 12 p.m. where any grievance raised by the bidders, including that raised in the present writ petition, will be considered by the authorities. Although counsel appearing for the petitioner raises an apprehension as to the fate of the

representation to be made at the Pre-Bid Meeting today, this Court is of the view that such apprehension is speculative and there may not be any basis at all for the same. The petitioner can well ventilate his grievance in the Pre-Bid Meeting and decide the future steps to be taken accordingly.

Needless to say, the ESI Hospital, Manicktala will deal with and dispose of any representation which may be made by the petitioner at the Pre-Bid Meeting today. Since affidavits are not been called for, the allegations contained in the writ petition, are deemed not to have been admitted.

WPA 12182 of 2023 is accordingly disposed of in terms of the above.

(Moushumi Bhattacharya, J.)