Jayanta Kumar Biswas, J. - (1.) The petitioner is questioning the decision of West Bengal State Electricity Board that his price bid submitted in response to tender notice dated February 24, 2006 was not to be opened, since he failed to fulfill the conditions for acquiring the eligibility for participating in the tender process. He is praying for a mandamus directing the board to open his price bid. He has made an alternative prayer for an order cancelling the tender notice dated February 24, 2006.
(2.) The tender was floated for execution of as many as twenty- nine items of works. It was mentioned in the tender notice that one intending to participate in the process must have experience of executing identical works in the past. The petitioner with others participated in the process. Price bids of the participating tenderers were opened on March 17, 2006. Since price bid of the petitioner was not opened (price bids of some other tenders were also not opened), he submitted objection, and ultimately took out this writ petition dated May 15, 2006. The work order was given to one M/s. Samarjit Enterprise.
(3.) The case of the petitioner is that since he was an enlisted 'C' category contractor, he was competent to perform the jobs mentioned in items 12, 16 and 17 of the list of works annexed to the tender notice, and hence on the ground of lack of past experience regarding execution of similar works the board was not entitled to decide not to open his price bid. Case of the board is that tenders who intended to participate in the process were required to have past experience regarding execution of similar works, and hence the petitioner admittedly not possessing past experience regarding works mentioned in items 12, 16 and 17, was not eligible to participate in the tender process.;