Debasish Kar Gupta, J. - (1.) The subject matter of challenge in this writ application is the memorandum No. HF/O/MS/552/2 -45/07 dated September 25, 2007 issued by the Respondent No. 5 for revision of rates of cooked diets for supplying the same to the indoor patients of different Government Hospitals in the State of West Bengal. An application being CAN No. 9482 of 2007 is filed by four existing suppliers of cooked diets in various Government Hospitals for impleading them as party Respondents to this writ application. Another application being CAN No. 9481 of 2007 is also filed by the above four applicants for vacating the interim orders dated October 23, 2000 passed in this writ application. That application can only be taken up if their application for addition of party is allowed. Before entering into the merits of this case the application for addition of party is taken up. According to the applicants, all of them are the existing suppliers of cooked diet in different Government Hospitals situated at Kolkata and KMDA areas. According to them the rates of different categories of cooked diet to be supplied to different Government Hospitals are enhanced by the impugned memorandum No. HF/O/MS/552/W/45/07 dated September 25, 2007 (hereinafter referred to as the said memorandum).
(2.) Appearing on behalf of the above applicants, Mr. Kalyan Kumar Bandapadhyay submits that in view of the enhanced rate of cooked diet, the suppliers will be in a position to maintain the quality of foods. Drawing the attention of this Court towards Clause 7(b) of the said memorandum (annexure P -6 at page 81 to this writ application), Mr. Bandopadhyay submits that any bid which is lower than 15% of the minimum rate fixed will not be accepted. Therefore, according to the applicants, the possibility of supplying sub -standard diets has been prevented by incorporating the above provision in the said memorandum. According to them, by the memorandum the rates of cooked diet has been increased. On the other hand the interest of the indoor patients has been protected by preventing the suppliers from supplying sub -standard of diets to them at an abnormally lower rate. According to Mr. Bandapadhyay, in the event the writ application succeeds and the impugned said memorandum is set aside, without giving an opportunity of hearing to the applicants the applicants affected adversely. Mr. Bandapadhyay also submits that the Respondent authority has been getting supply of cooked diet from the existing contractors including the applicants at the pre -revised rate. Consequent thereupon the applicants have been suffering from financial losses.
(3.) Appearing on behalf of the Petitioner Mr. Aninda Mitra Learned Senior Advocate raises objection for addition of parties in this writ application. Mr. Mitra submits that the subject matter of challenge in this writ application is the said memorandum dated September 25, 2007, The applicants being existing suppliers of cooked diet are not required to be made party Respondents in this writ application to adjudicate the above issue. The relieves are claimed against the Respondent authority. Therefore, if any relief is granted to the writ Petitioners either by setting aside the impugned memorandum or by directing the Respondent authority to enhance the rate of cooked diet, there is no scope of affecting the applicants adversely by those orders. According to Mr. Mitra the applicants are more interested to get the interim order vacated. Since the writ application is taken up for final disposal the applicants are not added as parties/Respondents to this proceeding on that ground. Mr. Ashok Sarkar Learned State Advocate submits that he has no objection, if the applicants are added as parties to this proceeding.;