- (1.) MR Ghosh appearing for the petitioners in the WP under art.226 submits that a confusion has arisen because of certain empanelment conditions incorporated in the Government Order dated January 25, 2011 at p.17, and that the respondents' refusal to remove the confusion has led the petitioners to this Court.
(2.) THE order dated January 25, 2011 was issued regarding empanelment of suppliers intending to supply cooked diet to patients admitted to hospitals with the Health & Family Welfare Department of the Government of West Bengal. The petitioners claim that they all were empanelled, and that their empanelment is valid upto January 31, 2012. The condition concerning which the petitioners are alleging confusion is quoted below: "The period of empanelment may be renewed on further application received within the prescribed date and payment of empanelment fees. Charges for renewal if made within the prescribed date shall be 25% of the original empanelment fee. Any request for renewal after the prescribed date shall be treated as a new case and hence, normal charges have to be paid." Referring to the notice inviting tender at p.48 Mr Ghosh has submitted that since the respondents have not taken any step for inviting applications for renewal of empanelment, no one has applied for renewal; and that since after January 31, 2012 no-one will remain empanelled, it is not known what will happen to the successful tenderers. He has said that citing absence of empanelment the respondents may refuse to give works to the successful tenderers.
(3.) I agree with Mr Sengupta appearing for the State that the confusion felt by the petitioners is an imaginary one. The condition concerned of the order is very clear. It provides that the empanelled intending suppliers, if willing to continue empanelment, must apply within the prescribed date. In the absence of any other date fixed by the respondents, the empanelled intending suppliers must treat January 31, 2012, when the empanelment in terms of the order is to expire, as the prescribed date. It is for an intending empanelled supplier to apply for renewal of his empanelment. There is no question of inviting application. Needless to say that if any intending supplier does not remain an empanelled intending supplier after January 31, 2012, he will not get any work even if he emerges successful in a tender process in which he participated as an empanelled supplier. At the date the work order will be issued an empanelled intending supplier must remain an empanelled supplier. This means that the empanelment must remain alive at all material point of time. For these reasons, the WP is dismissed. No costs. Certified xerox.;