Dipankar Datta, J. - (1.) Rabindra Bharati University (hereafter the University), for the purpose of selection of printers for printing study materials and for other module printing jobs, issued a tender notice on October 21, 2013. Admittedly, such tender notice was not published in any of the local or outstation newspapers. However, the same was displayed on the website of the University on October 22, 2013. The petitioners, partners of M/s. New Luxmi Press, complain that in the absence of publication of the tender notice in any newspaper, they had no knowledge of the intention of the University and as such the firm could not participate in the process of selection of printers.
(2.) Mr. Bandyopadhyay, learned advocate representing the petitioners, contends that for ensuring maximum participation the University ought to have ensured wide publication of the tender notice by having the same published in the newspapers instead of restricting its display only on its website. The action smacks of arbitrariness and he urges that the Court should cancel the tender process and direct the process to commence afresh.
(3.) In support of his contention, Mr. Bandopadhyay relies on paragraph 12 of the decision of the Supreme Court reported in [Chairman and Managing Director, SIPCOT, Madras and others vs. Contromix Pvt. Ltd. by its Director (Finance) Seetharaman, Madras and another, 1995 AIR(SC) 1632], reading as follows: "12. In the matter of sale of public property, the dominant consideration is to secure the best price for the property to be sold. This can be achieved only when there is maximum public participation in the process of sale and every body has an opportunity of making an offer. Public auction after adequate publicity ensures participation of every person who is interested in purchasing the property and generally secures the best price. But many times it may not be possible to secure the best price by public auction when the bidders join together so as to depress the bid or the nature of the property to be sold is such that suitable bid may not be received at public auction. In the event, the other suitable mode for selling of property can be by inviting tenders. In order to ensure that such sale by calling tenders does not escape attention of an intending participant, it is essential that every endeavour should be made to give wide publicity so as to get the maximum price. ***";