Debangsu Basak, J. - (1.) The petitioners assail a tender process initiated by the notice inviting tender dated December 27, 2017.
(2.) Learned Advocate for the petitioners submits that, a condition in the eligibility criteria has been introduced in the tender process which was not present in the earlier tender process. Such condition debars the petitioner from participating. There is no rational basis for the purpose of introduction of such a tender condition. She refers to the provisions of the West Bengal Minor Minerals (Auction) Rules, 2016 in support of her contentions. She also relies upon (Meerut Development Authority Vs. Association of Management Studies and Anr., 2009 6 SCC 171) as well as (Michigan Rubber (India) Limited Vs. Stae of Karnataka and Ors., 2012 8 SCC 216) and submits that, since the tender condition has the effect of disqualifying the petitioner from participating in the tender process and has been introduced for the purpose of favouring designated persons, the Court should stay the tender process.
(3.) The State is represented.;