Tapabrata Chakraborty, J. - (1.) The writ petitioner/appellant preferred an application under Article 226 of the Constitution of India being WP No.16876 (W) of 2017 challenging the notice inviting online tender issued by Kolkata Port Trust (hereinafter referred to as KPT) and the impugned attempt on the part of the respondent nos.3 and 4 to award the contract in favour of Hindustan Steel Works Construction Limited (hereinafter referred to as HSCL). By the said e-tender notice (hereinafter referred to as NIT) applications were invited from experienced, bonafide and reliable manufacturers, suppliers and operators of road weighbridges for supply, installation, operation and maintenance of road weighbridges at Haldia Dock Complex (hereinafter referred to as HDC). The appellant participated in the said tender and qualified in the techno-commercial bid but did not emerge to be successful in the price bid. The primary ground of challenge in the writ petition was that HSCL did not possess any direct work experience in respect of weighbridges. Upon considering the eligibility criteria as specified in the e-tender vis-a-vis the technical capability of HSCL, the learned Single Judge arrived at a finding that HSCL fulfils the eligibility criteria and accordingly the letter of intent had been rightly issued in favour of HSCL. Challenging the said order dated 13th July, 2017, the appellant has preferred the present appeal.
(2.) Mr. Jayanta Kumar Mitra, learned senior advocate appearing for the appellant submits that HSCL is neither a manufacturer of road weighbridge nor has experience of executing "similar work" which term has been defined in the tender notice. HSCL in support of its eligibility has placed reliance upon a letter dated 20th November, 2013. By the said letter only land was allotted to HSCL for installation of weighbridges. On the basis of such allotment of land, HSCL did not earn any experience towards supply, installation, operation and maintenance of road weighbridges.
(3.) He further submits that in reply to an application submitted under the Right to Information Act, 2015 (hereinafter referred as RTI Act) it was stated by the Senior Assistant Estate Manager that KPT has not given any contract for supply, installation and maintenance of weighbridges or any related works to any agencies in last 7 years and that no experience certificate has been provided to HSCL by KPT. From such information as furnished it is explicit that HSCL does not fulfil the eligibility criteria as stipulated and accordingly the letter of intent (hereinafter referred to as LOI) has been issued to an ineligible person and such infirmity warrants interference of this Court.;