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9. The States who had issued NIT defended the impugned tender conditions before this Court. Insofar as the State of West Bengal is concerned, a counter affidavit was filed through West Bengal Transport Infrastructure Development Corporation Ltd. (WBTIDCL). It was stated in the counter affidavit that impugned conditions in NIT are intended to achieve the high objective of public safety involved in the implementation of HSRP. The relevant averments in the counter affidavit are reproduced below :

12. On April 27, 2005, however, the Government of West Bengal (Transport Department) issued a Notification canceling its NIT for supply and fitment of HSRP for motor vehicles issued earlier. The said Notification reads as follows :

"Government of West Bengal Transport Department Writers' Building No. 2672 WT/3M-56/2003 PL III Dated 27.04.2005 NOTIFICATION WHEREAS Notice Inviting Tender (NIT) was issued and published in various newspapers on 03.07.2003 & 04.7.2003 respectively, fixing 06.08.2003 as the last date for submission of such Tender papers for supply and fitment of High Security Registration Plates for Motor Vehicles, by the West Bengal Transport Infrastructure Development Corporation Limited (A Government of West Bengal Undertaking) on behalf of the Government of West Bengal under instructions from the Transport Department;
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NOW, THEREFORE, the Governor is pleased to direct that the entire tender process so far followed pursuant to the aforesaid Notice Inviting Tenders (NIT) for supply and fitment of High Security Registration Plates for Motor Vehicles as issued by the West Bengal Transport Infrastructure Development Corporation Limited on behalf of the State Government be cancelled and fresh process for inviting such bids be commenced after due determination of the terms and conditions thereof in the light of what has been stated herein above. The Governor is further pleased to direct that the Bidders (four numbers) who had participated in the previous tender process to be initiated hereafter, if they so desire and the Earnest Money Deposit (EMD) made by them be returned forthwith.
Now, on behalf of the Transport Department, Government of West Bengal, The Managing Director/West Bengal Transport Infrastructure Development Corporation Limited (WBTIDC), invites bids for selection of eligible bidders having Type Approval from authorized agencies of Government of India and adequate financial resources to undertake the production of High Security Regulation Plates in conformity with the specifications. A panel of Bidders will be finally selected to implement and operate in two designated zones of the States on Build, Operate and Transport (BOT) basis.