- (1.) THE West Bengal State Rural development Agency (hereafter the agency), issued 'notice inviting pre-qualification-cum-tender (two cover system)' for Pradhan Mantri Gram Sadak Yojana, 2005-06 inviting sealed tenders in respect of different works mentioned therein by 24. 8. 06. Separate sealed covers were to be submitted for pre-qualification documents and bid documents. The tender notice further provided that the pre-qualification documents alone would be opened on 25. 8. 06 and that the financial bid documents of the technically qualified bidders would be opened for evaluation and selection of qualified bidders on 15. 9. 06.
(2.) THE petitioners had submitted an offer in respect of work bearing package No. WB 01 40 along with requisite documents in support of their credentials. It is the case of the petitioners that the sealed covers containing the technical bids were opened on 25. 8. 06. The petitioner No. 1 was found to be technically qualified. On 15. 9. 06, the sealed covers containing bid documents were opened. It was found that the petitioner No. 1 was the lowest bidder. Being the lowest bidder, the petitioners expected that the work order would be issued in their favour but since work order was not issued despite requests and reminders, the present petition had been filed praying for a direction upon the respondent authorities to issue letter of acceptance and work order in favour of the petitioner No. 1, and for further direction on the respondents restraining them from notifying the same work for re-tender.
(3.) THE writ petition was admitted on 22. 12. 06 and affidavits were called for.;