Debasish Kar Gupta, J. - (1.) THIS writ application is filed by the petitioner for a direction upon the respondent authority to act strictly in accordance with the terms and conditions for cooked diet tender dated August 2011 issued by the respondent no.4 in awarding the contract for supply of cooked diet to indoor patients and College of Medicine & Sagar Dutta Hospital, Kamarhati, Kolkata -500058 (hereinafter referred to as the said hospital). The respondent no.4 floated the tender under reference on August 2, 2011. The Basirhat Food Supply Moila Co. Op. Society Ltd (petitioner) and the respondent no.7 participated in the above tender process amongst other participants. The tender papers of the participants were opened on December 23, 2011. On November 23, 2011 the petitioner being the Secretary of Basirhat Food Supply Moila Co. Op. Society Ltd. Village & Post Sangrampur, Basirhat, 24 Pargana(N), wrote a letter of objection to the respondent no.4 with regard to the above tender process on the ground that though the participants had been present in the office of the respondent no.4 on that date at the time of opening of the tender under reference at 2.30 p.m., the tender papers of the participants were not opened in the presence of the suppliers.
(2.) ON December 29, 2011 the respondent no.4 informed the respondent no.7 issued under memo no.SDMCH/681/11 that he had been selected for supply of cooked diet to indoor patients of the said hospital @42(forty two) only per patient per day for full adult diet for the period from January 1, 2012 to December 31, 2012. The petitioner submitted another letter of objection dated December 31, 2011 on behalf of the Basirhat Food Supply Mohila Co -operative Society Ltd. to the effect though the above cooperative society quoted lowest rate, i.e. 43.82 for supply of cooked diet to indoor patients of the said hospital per patient per day. The above contract was awarded to the respondent no.7 at a rate below the minimum rate as fixed under the terms and conditions for cooked diet tender dated August 20, 2011 after opening the tender papers of the participants behind the back of the participants arbitrarily and violating the rules of principles of natural justice.
(3.) BY a communication dated January 2, 2012 the respondent no.4 directed the Basirhat Food Supply Mohila Co -operative Society Ltd. to hand over the kitchen of the said hospital to the respondent no.7 within three days. Necessary to point out here that the period of supply of cooked diet to the indoor patients of the said hospital by the above co -operative society expired on December 31, 2011.;