- (1.) Appeal being MAT No. 111 of 2015 is directed against the judgement and order dated 13th January, 2015 passed by the learned Single Judge whereby the learned Single Judge quashed the work order issued in favour of respondent no. 14 for publishing and distribution of text books for the West Bengal Council of Higher Education (hereinafter referred to as the Council) for the year 2015-2016 and directed the Council to take decision in respect of tender for the aforesaid year within a stipulated time. Cross appeal being MAT No. 133 of 2015 has also been preferred against the said order by the writ petitioner/respondent no. 1.
(2.) Facts giving rise to the aforesaid appeals are as follows : On 29th April, 2013 the Council published a notice inviting tender from reputed and bona fide publishers for printing, binding, publishing and distribution of 8 text books against annual royalty on sale proceeds for the years 2013 -2014, 2014-2015 and 2015-2016. The salient terms of the said tender are as follows :- (a) The publisher must be a member of any recognized publishers' association of West Bengal as well as of Federation of Indian Publishers (FIP) and the Federation of Publishers' and Booksellers' Associations in India (FPBA) for the last three consecutive years; (b) The publisher must have a proven record of publishing Test Books on different subjects for other Boards like CBSE, ICSE and ISCE for the last three consecutive years; (c) The publisher must have a long history of credibility in the market and transparency both in financial and business dealings."
(3.) Subsequently by a corrigendum issued on 02.05.2014 clause (a) was modified to the extent that membership of any of the aforesaid associations for last three years would be sufficient.;