SABYASACHI BHATTACHARYYA,J. - (1.) The petitioners have challenged an e-auction floated by the respondent-authorities, through respondent no.4, on February 12, 2021 for sale of decommissioned plant and machinery and items of COGP/DPL and Unit-6, Durgapur Projects Limited. The grievance of the petitioners revolves around alterations in the terms of the original auction catalogue on February 10, 2021, whereas the last date for submitting pre-bid security of Rs.1.5 crore was February 11, 2021. It is argued by learned counsel for the petitioners that the said alterations, modifying the post-bid conditions and relaxing those, were substantial in nature. Since the petitioners could not participate in the auction sale due to the prohibitive post-bid conditions, such relaxation at the last moment adversely affected the interests of the petitioners. If the alterations were made sufficiently before and/or contained in the original conditions, the petitioners would have participated in the auction.
(2.) It is submitted that, since there is no separate eligibility criteria in view of the nature of the auction, the post-bid conditions were a major determinant of an informed choice to participate in the tender. Since the petitioners had no option to participate upon having knowledge of the relaxations granted on the day previous to the last date for submitting pre-bid security, the petitioners' right to participate was curtailed, in direct contravention of Article 14 of the Constitution of India.
(3.) Learned counsel for the petitioner, by placing reliance on the terms of the e-auction, contends that the inspection date, time and query were fixed from January 15, 2021 to February 11, 2021 between 9 a.m. to 12 p.m. and 2 p.m. to 4:30 p.m. on Mondays to Saturdays. However, there was a clear clause in the conditions that such inspection had to be held by the bidder with prior appointment with the concerned person from Mjunction Service Limited, being respondent no.4 herein, two days in advance.;