- (1.) The appeal is directed against the judgement and order dated 02.07.2013 passed by the learned Single Judge in W.P. No. 17502 (W) of 2013 dismissing the prayer of the appellant to set aside the decision to disqualify him from participating in the tender for construction of proposed 50 bedded girls' hostel at Sibdas Balika Vidyalaya at Bishnupur Block in the District of Bankura.
(2.) The appellant is a Class III enlisted contractor (electrical) of Public Works Development, Government of West Bengal. A notice inviting tender bearing No. WBPWD/CB/EE/EDI/NIT47/2013-14 was issued by Executive Engineer vide memo no. 855/115A for construction of proposed 50 bedded girls'hostel for Sibdas Balika Vidyalaya at Bishnupur Block in the district of Bankura at an estimated of cost of Rs. 5,22,278/- (Rupees Five Lakh Twenty Two Thousand Two Hundred and Seventy Eight). Eligibility criteria for such bid was as follows : "Enlisted contractor of PWD (Class I and II), government of West Bengal, Resourceful Outside Contractor (eligibility criteria as per serial no. 3 mentioned below)". Serial no. 3 of the said notice inviting tender also, inter alia, provided resourceful enlisted (electrical) contractor of PWD, Government of West Bengal shall be eligible to participate. From an internet copy dated 4 th June, 2013, the appellant initially came to know that his bid was opened and accepted by the committee. However, subsequently on the self-same day, the appellant found that his bid had been rejected as 'technically disqualified'.
(3.) The appellant being the lowest bidder made a representation before the appropriate authority against such decision. Receiving no positive response, the appellant challenged the decision of the respondent authority in the instant writ petition.;