D. Datta, J. - (1.) Kolkata Metropolitan Development Authority, the first respondent (hereafter KMDA), had floated notice inviting tender No. 9 of 2009 -2010 dated 6.11.2009 (hereafter the first tender) for supply and installation of 'Centralised Medical Gas Pipeline Distribution System' at Jawaharlal Memorial Hospital, Kalyani (hereafter the hospital).
(2.) The first petitioner expressed interest and responded to the tender notice. Apart from it, two others expressed interest. However, upon consideration of the technical bids of the three interested parties, the bid of one was found to be informal as it did not follow the Clauses of the first tender notice. The other two including the first petitioner were found eligible. By an order dated 20.11.2009 passed by the Superintending Engineer (Works) of KMDA, the second respondent, the process was, however, cancelled.
(3.) Upon cancellation of the first tender notice, notice inviting tender No. 12 of 2009 -10 dated 31.12.2009 (hereafter the second tender notice) for the same work was floated. Unlike the first tender notice, the second tender notice contained a different eligibility criterion. The relevant criterion reads as follows: Tenders must have credentials in manufacturing, supply installation testing of centralised Medical Gas pipeline distribution system at least one under any Govt. Hospital or two Nos. Semi Govt./Govt. undertaking organisation in a single contract within the last 5 (five) years as a prime contractor/and tenderer should be capable to supply medical gases and liquid medical oxygen as per the demand of the Hospital. This is a mandatory criteria. (words in bold font were not there in the first tender notice);