- (1.) The petitioner in this art.226 petition dated October 31,2011 is questioning a condition in the notice inviting tender ( at p.22) issued by the Directorate of Public Health Engineering of the Government of West Bengal.
(2.) The condition under challenge is as follows: " Sealed Tenders in WBF 2908 are invited by the Executive Engineer, Resources Division, Public Health Engineering Directorate, P-16 India Exchange Place, Extn., 1 st floor, Kolkata-700 073 for supply and delivery of ISI marked M.S.E.R.W Fin Cut pipe. for RBTW as mentioned below to Kolkata/Kalyani Stores Sub-Division under Resources Division PHE Dte. from bonafide manufacturers registered with BIS for specific item and their authorized agents (Authorized for the specific item as mentioned below)."
(3.) Mr. Sengupta appearing for the petitioner has submitted that since there is no existence of any "ISI marked M.S.E.R.W Fin Cut pipe for RBTW", nobody will be in a position to participate in the tender process; and that the respondents proceeding with the process and likely to complete it shortly, should be restrained from proceeding further so that validity of the condition can be examined by this Court.;