Decided on March 11,1994

Agrico (India) Appellant
State of West Bengal and Others Respondents


Shyamal kumar Sen, J. - (1.)The subject matter of challenge in the instant writ petition is a decision of the State Government contained in Memo No. 1035-M.I-l/ 3T 4/93 dated 31.3 93 being annexure D to the writ petition whereby contrary to the recommendation of the Tender- Committee the State k Government has decided to accept the tender of M/s. Hind General Agency and M/s. Tapan Kumar Das instead of that of the petitioner.
(2.)It has been submitted by Mr. Pal, Learned Advocate for the petitioner that by the said Memo the State has arbitrarily decided to accept the tender offered by M/s. Hind General Agency and M/s. Tapan Kumar Das for supply of certain spare parts for Diesel Engine instead of accepting the tenders submitted by the petitioner although the Tender Committee comprising experts had unanimously recommended the acceptance of the tender of the petitioner for the same spare parts.
(3.)For the purpose of appreciation of the question involved the relevant facts are set out hereinbelow:- 2. The Facts : The Government of West Bengal issued a Notice inviting Tender No. 2 of 1992-93 dated 27.8.92 (hereinafter referred to as (NIT) for supply of spare parts for Diesel Engines. The items to be supplied were grouped under fourteen groups. Each group included a number of items and the notice provided that the tenders would be considered seperately for each item within the group. The following clause of the NIT are relevant and, therefore, extracted :
"1. Invitation

Manufacturers/their authorised distributor(s)/authorised Dealer (s) authorised stockist (s) and other reputed suppliers in the trade are eligible to participate in the tender.

The term "manufacturers" will mean the manufactures of reputed brand of Diesel Engines of 20 H. P. and above and the manufacturers of spare-parts which are being used as original equipments parts in the manufacture or reputed brands or diesel engines of 20 H.P. and above."

"2. For Special Attention :

All tenderers are to note that tenders containing any deviation from the contractual terms and conditions, specifications and other requirements are liable to be rejected.

The tenders which do not meet the appropriate standard of capability and financial resources, shall not be considered."

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