Barun Banerjee v. The State Of West Bengal And ORS.

19th Sept.,2025 Item no.M/L 1467 Court No. 14 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 19351 of 2024 In the matter of :

Barun Banerjee .... Petitioner VS.

State of West Bengal & Ors.

....Respondents For the Petitioner:

Mr. Bratin Kr. De Mr. Kaustav Banerjee Mr. Subhankar Banerjee ....Advocates

1. The writ petition relates to a tender floated by the Chief Medical Officer of Health, Howrah on 25th January, 2024.

2. The petitioner participated in the tender process but his bid stood rejected illegally and arbitrarily at the technical evaluation stage.

3. From the tender document it appears that the bid opening date for technical proposal was 23rd February, 2024.

4. It appears that the writ petition has been filed on 30th July, 2024, that is, long after the date of opening the technical bid. Had the petitioner been genuinely aggrieved by the rejection of his bid, he ought to have approached the Court immediately after the opening of the technical bid.

5. Learned advocate representing the petitioner asserts that the technical bid was opened on 15th July, 2024 and not on the date as mentioned in the Notice Inviting Tender.

6. In the absence of the respondents, it is not possible for the Court to decide the issue. From the documents annexed to the writ petition, it appears that the financial bid was scheduled to be opened on 18th July, 2024.

7. Without proper evidence there is hardly any scope to direct the respondent authority to consider the prayer of the petitioner for reconsideration of his technical bid after the financial bid is opened.

8. It is more than a year that the financial bid had been opened and the work order may have been issued in the meantime. It will not be proper to interfere with the tender process after such a long period of time.

9. Accordingly, the writ petition fails and is hereby dismissed.

10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)