- (1.) THIS mandamus appeal is the instance of the writ petitioners and is directed against order dated 12th July, 2007 passed by a learned Single Judge of this Court thereby rejecting the prayer of interim order by which the writ petitioners prayed for restraining the respondent authority from giving any effect or further effect to the notice inviting tender dated 30th May, 2007 till the disposal of the writ application.
(2.) THE writ petitioners are all Class-I contractors enlisted with the Public health Engineering Directorate and working with the respondent authority for years. By the writ application, they have challenged the notice inviting a tender dated 30th May, 2007 issued by the respondent No. 7 for improvement of drinking water supply facility of Ramkrishna Math and Ramkrishna Mission, belur Math, Howrah, on lump sum basis including the supply of all the requisite materials along with design, drawing and specification.
(3.) ACCORDING to the writ petitioners, in the said notice the respondent No. 7 has added an eligibility clause thereby imposing a condition that the applying agency must have the minimum financial turnover of Rs. 4. 50 crore for the last three successive years with the object of excluding the writ petitioners from the purview of such process of tender. According to the writ petitioners, even the Howrah Division of Public Health Engineering Directorate itself had no such turnover of Rs. 4. 50 crore for the last three consecutive years.;