SHAMPA SARKAR,J. - (1.) Aggrieved by the rejection of the technical bid by the Zilla Parishad, South-24 Parganas, the petitioner filed this writ petition on two grounds.
(2.) According to the writ petitioner, as per clause 5 of the notice inviting tender/tender documents dated February 7, 2018 issued by the South Twentyfour Parganas Zilla Parishad, the petitioner as an intending tenderer has produced credentials of similar nature of work of minimum value of 40% of the estimated amount put to tender during last five years prior to the date of issue of the tender notice. It was further submitted by the learned Advocate appearing for the petitioner that the aggregate work executed by the petitioner during the last five years would amount to more than 40% of the amount put to tender. His next submission was that the documents submitted by the respondent Nos.5, 6 and 7 in terms of clause 5 of the tender documents would also not show that they have executed similar nature of work as required by clause 5. Clause 5 of the tender documents reads as follows: "5. Eligibility criteria for participation of bidder: Bonafide outsider and resourceful contractors having experience to execute similar nature of work in any Govt. Sector/Semi-Govt. Sector or Govt. undertaking department also fulfil the criteria mentioned as Below: a) Intending tenders should produce credentials of similar nature of completed work of the minimum value of 40% (for 1st Call), 30% (for 2nd Call) and 20% (for 3rd Call) of the estimated amount put to tender during last 5 (five) years prior to the date of issue of the tender notice."
(3.) On the last occasion, the learned Advocate appearing on behalf of the writ petitioner was directed to serve notice upon the non-appearing respondents so that they may be present on the day the matter would be heard next.;