Calcutta High Court (Appellete Side)
In "Reliance Energy Ltd. & Anr vs Maharashtra State on 19 July, 2011
Author: Pinaki Chandra Ghose
Bench: Pinaki Chandra Ghose
-:1:-
01 19.07.11 M.A.T. 676 of 2011
rrc +
C.A.N. 4871 of 2011
Mr. Ashok Kumar Banerjee, G.P.
Mr. Moinak Bose
.......For the State
Mr. Saptangshu Basu, Sr. Adv.
Mr. Rajendra Nath Barik
.......For the respondents
Instead of taking the stay application, we have taken up the appeal itself for final hearing with the consent of the Learned Advocates for the parties by treating the same as on day's list.
We have heard Learned Counsel for the parties at a length.
This appeal is directed against an order passed by the Learned Single Judge in W. P. No. 25304 (W) of 2010 on 28th March, 2011 whereby His Lordship was pleased to hold that the 'legal certainty' is an important aspect of the rule of law which has been specifically stated in "Reliance Energy Ltd. & Anr. Vs. Maharashtra State Road Development Corporation Ltd. & Ors." reported -:2:- in (2007) 8 S.C.C. 1. His Lordship further held that the principles laid down in the said decision has specifically stated that if there is any vagueness or subjectivity in the said norms, it may result in unequal and discriminatory treatment and it may violate doctrine of "level playing field".
It appears that earlier a Notification was issued by the authorities dated 30th November, 2010 in Writ Petition No. 861 (W) of 2010 and pursuant to the said order the notice has been issued in the matter.
It appears from the notice at Page - 58 of the writ petition that Conditions laid down are set out hereunder:-
"CONDITIONS:
1. Applicant(s) must fulfill above eligibility criteria before submission of the application in prescribed proforms.
2. Applicant(s) must submit along with prescribed proforma the Photo copies of supporting documents as follows (i) Proof of -:3:- nationality (ii) Proof of residence (iii) Ration Card (iv) Proof of age (v) Proof of educational qualification (vi) Proof of SC/ST, if any (vii) Proof of financial solvency (viii) Proof of un-
employment by means of an applicant (ix) Proof of ownership of go-down-cum-shop with a sketch map (x) Trade license/enrolment certificate (xi) Declaration in the form or an Affidavit above non-
conviction/non-pending case in any Court of law.
3. Applicant(s) without the above supporting documents should be liable for rejection without any reference.
4. Applicants should be submitted in person to produce original supporting documents for verification of the Photo copy at the time of receipt of application form.
5. Applicants received by Post/Courier Service shall not be considered.
Prescribed proforma of application will be -:4:- available at the Office of the Sub-Divisional Controller, Food & Supplies, Siliguri. Last date of submission of application 24/12/2010 upto 5-30 P.M."
We have also noticed that in terms of Clause (ii) of the said Conditions the point, which has been taken by the writ petitioner, is only with regard to the proof of financial solvency and the proof of ownership of godown- cum-shop for a sketch map and it is submitted that such Conditions, which have been stated in the said notice dated 1st February, 2010, are nothing but vague and the authority on the basis of such vague cannot accept the tender as has been floated by them.
We have also considered the submission made on behalf of the State authorities and it has been specifically stated that so far the proof of ownership-cum-godown- cum-shop in question, it has been specifically stated that that should be given with a sketch map and therefore, Mr. Bose, Learned Advocate appearing on behalf of the State submitted that the particulars of the godown would -:5:- appear from the sketch map so to be furnished by the intended tenderer. However, we have considered the said submission on behalf of the State.
But it appears to us that when the proposed M.R. Dealer have the sufficient financial strength to store two weeks requirement of foodgrains as submitted on behalf of the writ petitioner and other public distribution commodities, it is expected that the proposed tenderers must have adequate godown - space to store at least one week's requirement of the same. Therefore, it would be proper for the State authorities to have the particulars of the godown-cum-shop from all the intended tenderers. It also stated before us and suggested on behalf of the State authorities that so far the proof of financial solvency is concerned and since the tender is really related to the unemployed youths and non-dependable person concerned, such proposed M. R. Dealers would only furnish the bank statement and/or the bank accounts so that they shall have the right to participate in the said tender in question.
-:6:-
Learned Advocate appearing on behalf of the writ petitioner also do not wish to join issue with regard thereto. Accordingly, it appears to us that since it is submitted on behalf of the State that 291 proposed tenderers have already deposited their tenders and further 174 applicants out of 291 have already been selected in the process of choosing such tenderers, we only direct the State authorities to proceed with the matter. They shall have the power to ask for the particulars of bank's statement from the said proposed tenderers as well as the particulars of the godown which they intend to use, if selected, in the process for the said purpose. With this modification we do not think that we would interfere with the said judgment in any manner whatsoever. We further make it clear that since the Notification has been issued and process has already been started in the matter in question and since it is in the exigency of the Public Distribution System at the Tea Estate and in the public interest, we do not intend to interfere with the order passed by the Learned Single Judge save and except the notice should be issued by the -:7:- State authorities in the "Uttarbanga Sambad" with regard to tender in question requiring furnishing of said particulars in respect of the said conditions norms as we have stated earlier.
We further make it clear that pursuant to the notice, if issued within a period of 3 weeks from date, if any person applies in the matter in question and since tender has not yet been finalized and if any interested persons are eager to apply in the process, chances should be granted to them without disturbing the rights of the persons, who have already applied. Since we have modified the order of the Learned Single Judge, the existing applicants also can furnish the bank statements with regard to proof of their financial solvency as well as the size of the godown in question.
The Notification, which has been issued, is modified to this extent and the State shall be at liberty to act on the said Notification.
The appeal is disposed of on the above terms. -:8:- Since the appeal is disposed of, the connected application for stay (being C.A.N. 4871 of 2011) has become infructuous and the same is disposed of on the above terms.
Registrar General is directed to communicate this order to the respondent nos. 2 and 3.
Let photocopy of this order duly countersigned by Assistant Registrar (Court) be given to the parties on the usual undertakings.
( PINAKI CHANDRA GHOSE, J. ) ( SOUMEN SEN, J. )