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The Calcutta High Court in a judgement passed today held that the High Court is not a court of appeal when it comes to interference in the tender matters. 

A bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj observed that, 

"This Court does not sit as a Court of appeal in such matters."

The Court was hearing an appeal against a Single Bench order wherein the the appellant was one of the bidder in response to the notice inviting electronic bid for the work of collection of toll tax from the vehicular traffic plying through the Lochon Das Setu over river Ajoy at Natunhat under Burdwan North Highway Division. The tender was granted because the rate quoted by the highest bidder was less than the reserved bid value. The plea of the appellant that though he was the highest bidder but the bid was wrongly rejected. The Single Judge opined that a writ court can not interfere in such a situation. 

However, the bench rejected the contention and upheld the views of the Single Judge, stating

"...some fair play in the joints is required by the authorities in such commercial decisions and that unless the action of the tendering authority is grossly arbitrary or discriminatory or found to be suffering from malafides, no interference of this Court is required."

Samsuddin Sekh -VsThe State of West Bengal and Others