04.08.2026 Court No. 12 Item No.04 Cp/Gb MAT 1269 of 2026 With CAN 1 of 2026 The State of West Bengal & Ors. Vs. M/s. Rupa Enterprises Mr. Surajit Nath Mitra, Ld. AG Mr. Billwadal Bhattacharyya, Ld. AAG Mr. Srijib Chakraborty Mr. Aditya Mondal …for the Appellants. Mr. Saptangshu Basu, Ld. Sr. Advocate Mr. Swarup Paul Mr. S. Maity Mr. Guru Saday Dutta Mr. Anish Roy ….for the respondent. 1. The appeal arises out of an interim order dated July 31, 2026, passed in WPA 18829 of 2026. The learned Judge fixed the hearing of the writ petition on August 20, 2026, at 2 pm along with WPA 29144 of 2022. In the meantime, the appellants were directed not to give any effect to the circular dated July 23, 2026 till August 20, 2026. 2. Learned Advocate General appears on behalf of the appellants and submits that the order of His Lordship was beyond jurisdiction and contrary to the law relating to tenders. It is submitted 2 that the State has the independence and authority to fix the terms and conditions of a tender and take steps to select agencies upon fulfilment of those terms and conditions. The author of the tender document was the best judge to understand the requirements of the tendering authority and, accordingly, frame the conditions as also the rates at which the cooked diet should be supplied to the hospitals run and operated by the State of West Bengal. 3. Learned Advocate General further contends that the circular dated July 23, 2026, which was stayed by His Lordship was not under challenge in the writ petition. In the writ petition, an office order dated July 24, 2026, issued by the Special Secretary to the Government of West Bengal to the Director of Medical Education, West Bengal and the Director of Health Services, West Bengal was under challenge. The communication was with regard to the new bid document relating to supply of cooked diet to indoor patients in government health facilities, with a request to the addressees to take necessary action to float fresh e-tender in bedded government health facilities. The communication also indicated that till the finalization of the new agency the existing agencies would continue to supply cooked diet 3 as per the revised rate chart, following a standard operating procedure. 4. It is submitted that the said communication and the bid document that was shared with the Director of Medical Education, West Bengal and the Director of Health services, West Bengal had been prepared after the suggestions of the Broad Based Committee had been forwarded to the concerned authority. The direction of the High Court to constitute a Broad Based Committee to decide on the rate at which the diet would be supplied, had been complied with. 5. We find that, the office order dated July 23, 2026, is a communication from the Principal Secretary, Health & Family Welfare Department, District Magistrate (All Districts), Director Principal/MSVP (All Medical Colleges), CMOH (All Districts & Health Districts), Superintendents of Hospitals, drawing their attention to the revised diet chart with the revised rates which were being circulated vide that memo. The hospitals were asked to implement the said rate and to ensure that the quality and standard of diet served to the patients were maintained. The authorities were asked to monitor the role and responsibilities of the stake holders. The authorities to whom the 4 letter was addressed were also asked to take appropriate corrective action and address the deficiencies which were identified. They were further asked to complete the tender formalities for selection of the fresh agencies within August 31, 2026. 6. According to the learned Advocate General, the said communication did not amount to disobedience of the earlier order of His Lordship passed in WPA 29144 of 2023. 7. Till the finalization of the new agency, the existing agencies were directed to continue to supply cooked diet as per the revised rates with the revised diet chart. It is submitted that the rates were enhanced so that the existing agencies could factor in the price hike and were not required to supply the diet at a loss. Further, if the order impugned is allowed to continue, then State will not be able to finalize the terms and conditions of the bid document, place the draft bid document before His Lordship and then proceed with the tender formalities for selection of the new agencies. It is submitted that the existing suppliers could not continue for years together. All contracts under the State Government have to be allotted through open 5 competition and by a competitive bidding process. 8. Mr. Basu, learned senior advocate for the writ petitioner, submits that His Lordship had passed certain orders in the earlier writ petition and the communications which were impugned in the writ petition amounted to violation of His Lordship’s order. It is also submitted that in 2009, the High Court had detected foul play in selection of agencies at very low rate. According to the High Court a Broad-Based committee should revise the rates every three years by comparing the same with the market rate. The said committee was to suggest the reasonable rates at which the cooked diet could be supplied. 9. The learned Single Judge had passed certain orders and had given directions to the authorities. First of such direction was on April 10, 2026, passed in WPA 29144 of 2022, by which His Lordship had directed the State to constitute the Broad Based Committee to decide on the rate chart. Once the recommendation of the rate chart had been received, the authorities were directed to prepare the tender notice on the basis of which the tender was to be called for. His Lordship also directed that the respondents shall file all documents with regard to the 6 constitution of the committee, recommendations of the committee and copy of the tender notice proposed to be published, by way of a supplementary affidavit. 10. According to Mr. Basu, the State itself accepted the direction to file a supplementary affidavit before the court, containing all documents as mentioned hereinabove. More so, a draft bid document for supply of cooked diet to inpatients of government bedded hospitals has to be filed before the court, before the State can proceed to finalize the agency. 11. We have considered the rival contentions of the parties. 12. The only issue involved in this appeal is whether the order impugned is sustainable at the interim stage. WPA 29144 of 2022 was filed, inter alia, on various grounds which included a challenge to the rate fixed for supply of cooked diet. Paragraph 20 of the writ petition clearly indicates that the writ petitioner had contended before the court that the rate fixed for the financial year 2017-2020 could not be continued for the year 2022 -2025. Enhancement in the price of the raw materials should have been considered by the tendering authority before issuing the tender notice. Essentially, the tender 7 document which contained unrevised prices of 2017 to 2020 of food items was under challenge in the writ petition on the ground of law rates. The first order was passed in the said writ petition on December 26, 2022. Submissions of Mr. Basu, learned senior advocate, had been recorded. Mr. Basu had contended that the rates of diet for indoor patients admitted to different state hospitals were being revised after every three years, pursuant to the order passed in WP No. 11766 (W) of 2009. After 2017, no such revision had taken place. Upon noticing that the rates for supply cooked diet for the years 2022- 2025 at the rate of 2017, was not in accordance with the earlier order of the High Court, the authorities were directed not to finalize the bid for two weeks. The said interim order was extended from time to time. 13. The said writ petition came up before the learned Judge who passed the impugned order and His Lordship had passed the following direction:- “4. In view of the above, the State authorities are directed to immediately constitute a broad-based committee on or before May 12, 2026 and the committee shall take appropriate decision by recommending for rate chart of diet chart for the indoor patients of the Government hospital in the State of West Bengal. Once the committee has recommended the rate of the diet of the indoor patients, the authorities shall prepare 8 the tender notice on the basis of which the tender is to be called for. 5. The respondent authorities shall file the constitution of broad-based committee, recommendation of the committee and the copy of the tender notice which proposed to be published for the qualified bidder before this Court on or before May 21, 2026 by way of a supplementary affidavit after serving the copy to the learned counsel for the petitioner and the petitioner is at liberty to file exception, if any to the supplementary affidavit filed by the State authorities, by June 9, 2026.” 14. On June 18, 2026, the State submitted before His Lordship that the Broad Based Committee had been constituted to formulate the diet chart and to recommend the rate. After the meeting of the Broad Based Committee, a draft bid document had been prepared and sent to the Finance Department for approval. Once the Finance Department approved the rate chart, the draft tender notice would be prepared and would be filed by way of a supplementary affidavit before the court. 15. Under such circumstances, His Lordship directed that the supplementary affidavit should be filed before the court within four weeks from June 18, 2026 and exceptions, if any, shall be filed within two weeks thereafter. The matter was fixed for hearing on August 20, 2026. Upon a conjoint reading of the two orders of His Lordship, we find that State had constituted the 9 committee which fixed the rate and the matter had been sent to the finance department for approval of the draft tender documents which were also prepared. State was required to submit the tender documents before His Lordship within four weeks from June 18, 2026. The communication dated July 23, 2026/circular which has been stayed by His Lordship, was in the nature of instructions to the District Magistrates, the Principals and Directors of respective medical colleges, the Chief Medical Officer of Health in all districts and Superintendents of the hospitals with regard to the following aspects:- a) The revised chart along with the revised rate of diet. b) Implementation of the revised diet chart with the objective to provide safe, hygienic and nutritious meals to the admitted patients. c) A request to ensure quality and standard of diet that was served to the patients. d) Corrective actions to address deficiencies identified by the authority. e) A direction that food quality and patients’ satisfaction should not be compromised. 10 16. The communication further provided that the tender formalities for selection of fresh agency should be completed by August 31, 2026. Till the finalization of the new agencies, the existing agency would continue to supply cooked died as per the revised diet chart with the revised rates. 17. With regard to finalization of the tender and agency, we are of the view that, the draft bid documents were required to be placed before His Lordship along with the decision of the Committee. Thus, the tender process cannot be initiated until, further orders of the writ court. Secondly, we find that a new diet chart with diet rate has been provided for supply by the existing agencies who have been continuing from 2022. Such revision of the diet chart and rates are an interim measure which also enure to the benefit of the existing suppliers. Apart from providing a variation in the menu, it takes care of the price hike. This interim arrangement cannot lead to any grievance at the end of the suppliers. Moreover, the entire matter will be placed before His Lordship, including the decision of the Committee on the rates fixed. 18. However, once the entire matter is placed before His Lordship by way of a supplementary affidavit along with the committee’s recommendation and 11 the draft bid document, His Lordship will finally decide the issues. In the meantime, if the Government wants to ensure that the food items should be better in quality and according to the patients’ needs and satisfaction, the Court cannot stand in the way by interfering with such interim decision. Further, it is stated that the revised rate takes care of the allegation of the writ petitioner in the first writ petition to the extent that higher rates have been prescribed so that they can supply the diet at a price which is reasonable. Whether the rates are in consonance with the earlier direction of this Court in the other writ petitions, etc., and in consonance with the decision of the Broad Base Committee shall be finally decided by His Lordship. The direction upon the existing agencies to supply at the revised rate as per the revised chart is not interfered with. 19. Under such circumstances, the order impugned is modified with a direction that the earlier orders of His Lordship passed in WPA 29144 of 2022 and WPA 18829 of 2026 shall be complied with and with a further direction that the formalities for preparation of the bid document, etc., can be completed by the State but, the tender notice shall not be published till further 12 orders. The hearing of both the matters is brought forward by us to August 10, 2026. 20. Advance copy of the supplementary affidavit has been served to the learned advocate on record for the petitioner in Court. Exceptions to the same shall be within August 10, 2026 and the matter shall appear before His Lordship on August 10, 2026. 21. Accordingly, the appeal and the connected application being CAN 1 of 2026 are disposed of. 22. Parties are directed to act on the basis of the server copy of this order. (Shampa Sarkar, J.) (Ajay Kumar Gupta, J.)