TAPABRATA CHAKRABORTY,J. - (1.) The present writ petition has been preferred primarily praying for the following reliefs: "(a) A Writ of and/or in the nature of Mandamus, commanding the respondents, each one of them, their servants, agents and/or assigns to rescind, cancel and/or withdraw the result of the technical bid, published in the official website of AJCBIBG on 15.05.2018 in respect of e-mail tender no.AJCBIBG- 33/135/Entry Fee/2018-2019/ Admn/3, floated by AJCBIBG, forthwith; (b) A Writ of and/or in the nature of Mandamus, commanding the respondents, each one of them, their servants, agents and/or assigns to declare the petitioner as eligible candidate on technical bid and open their financial bid and select the highest bidder in respect of e-mail tender no. AJCBIBG-33/135/Entry Fee/2018-2019/ Admn/3, floated by AJCBIBG, forthwith."
(2.) Shorn of unnecessary details, the facts are that Acharya Jagadish Chandra Bose Indian Botanic Garden (in short, AJCBIBG) floated e-tender (in short, e-NIT) for grant of license for collection/sale of entry ticket/fee for visitors and still photography fee in AJCBIBG premises. The petitioner no.1 is a proprietorship firm and it applied pursuant to the said e-NIT. On 15th of May, 2018 the result of technical evaluation was published in the website. The bid of the petitioner no.1 was rejected. Aggrieved thereby, the petitioners have approached this Court.
(3.) Mr. Saha Roy, learned senior counsel appearing for the petitioners submits that the petitioner no.1 was disqualified on a purported ground that it has incorporated the EPF number and its validity of registration under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (in short, EPF Act). Such requirement was a mandatory criterion for consideration of the technical bid. In the tender documents there is no whisper that the tenderer has to supply EPF registration number. In support of such contention he has drawn the attention of this Court to the General Information/Guidelines and the General Terms and Conditions for providing services. The supplementary affidavit filed by the petitioner be kept on record.;