N.N. Bhattacharjee, J. - (1.) In this application under Article 226 of the Constitution of India, the subject -matter of challenge is the pre -selection and short listing of eligible tenderers pursuant to the notice inviting tender for design and construction of a 10 million gallon per day (MGD) water treatment plant for supply -of water to Durgapur Notified Area. The Petitioners have prayed for issue of writs of mandamus directing the Respondent authorities to reject the tender of M/s. Subhas Project & Marketing Ltd., to accept the tender of the writ Petitioners and for an order of injunction restraining the Respondent authorities from accepting tender submitted in response to the said notice, of any person, company or firm not having the requisite technical qualification.
(2.) On the factual aspect it appears that on June 22, 1994, the Government of West Bengal through the Superintending Engineer, R.C.F.A., W/S Circle, P.H. Engineering Directorate issued the notice inviting tender being No. 4/94 -95 for design and construction of a 10 MGO water treatment plant for the water supply scheme of Durgapur notified area at Angatpur D.V.C. canal. The notice was for pre -qualification selection and short listing of bona fide tenderers having the requisite qualification. It was stated that only firms and contractors selected through this pre -qualification selection were eligible to submit technical and commercial offers for the above work. It was made clear that only those firms/contractors who had designed and constructed at least one 10 MGD drinking water plant during the last five years and had maintained and operated the same for a period of at least one year were eligible for participation in the technical and commercial bid. The intending participants were directed to submit in their respective letter head in support of their eligibility the following particulars: 1. The participants must have executed work of similar nature with all components amounting to Rs. 2.50 crores and above in a single contract within last five years. 2. A completion, commissioning and successful performance certificate issued by the competent authority for construction of at least one 10 MGO water treatment plant.
(3.) A list of water treatment plant constructed and installed by them including details of work value, performance.;