Ujjal Bhuyan, J.

1. Heard Mr. D. Baruah, Learned Counsel for the petitioners. Also heard Mr. I. Choudhury, learned Standing Counsel, PWD for the respondent Nos. 1 to 3 and Mr. J. Handique, learned Govt. Adv., Assam for the respondent No. 4. This writ petition has been filed by the three petitioners challenging the legality and validity of the Short Notice Inviting Quotation dated 25-07-2011 issued by the Superintending Engineer, PWD, Lower Assam Mechanical Circle, Guwahati whereby sealed, quotations were invited from bona fide parties for purchase of scrap materials on as is where is basis/condition. The primary ground of challenge is that the said was not given wide publicity, the same having been published in an English language daily newspaper "Eastern Chronicle" in its issue dated 26-7-2011, having very little circulation. The further grievance of the petitioners is that the time given for submission of quotation is "inadequate : The petitioners have alleged that the respondents have deliberately done that to avoid competitive bidding and to keep the bidding confined to select bidders of their choice. The petitioners have also contended that the respondents have violated the provisions of Rule 254 of the Assam Financial Rules while conducting the aforesaid exercise. The three writ petitioners claim to be Class-I contractors of the PWD, engaged in various contractual works with the PWD as well as other authorities. They also claim to be engaged in the business of dealing with scrap materials like old vehicles, machineries, etc. They have alleged that because of the above action of the respondents, they could not submit their bids.

2. The impugned Short Notice Inviting Quotation (for short "SNIQ") dated 25-07-2011 is quoted hereunder :

GOVERNMENT OF ASSAM OFFICE

OF THE SUPERINTENDING ENGINEER

PWD LOWER ASSAM MECH. CIRCLE,

FANCY BAZAR : : GUWAHATI-1.

Short Notice Inviting Quotation

Sealed Quotations are invited by the undersigned affixing non-refundable Court fee stamp of Rs. 8.25 (Rupees eight and paise twenty five) only from bona fide parties for purchase of old and unserviceable/BER State Govt. Machinery/Vehicle/Equipments and dead stock/numerical/T&P/Site a/c scrape materials lying under various Assam PWD Division in "As is where is basis/condition". Quotation should be super scribed "The Superintending Engineer, PWD, LMAC, Fancy Bazar, Guwahati-1" and will be received by the undersigned on 15th August, 2011 upto 1 p.m. The Quotations will be opened at 1.30 p.m. on the same date. Quotationer or their representative may be present at the time of opening.

Detailed Quotation documents can be obtained during working hours from the office of the Superintending Engineer, PWD, Lower Assam Mechanical Circle, Guwahati-1 from 1st July, 2011 to 6th August, 2011 up to 2 p.m. against payment of Rs. 100/- (Rupees one hundred) only in the form of IPO/Demand Draft pledged in favour of Executive Engineer, PWD, Mechanical Division, Ulubari, Guwahati-7 against written application addressed to the Superintending Engineer, PWD, Lower Assam Mechanical Circle, Guwahati-1 along with production of attested copy of PAN card and VAT registration card. (A.K. Das)

Superintending Engineer, PWD Lower Assam Mechanical Circle Guwahati-1

Memo No. Misc/LAMC/14-15/331 Dated 25.07.11

Copy to :--

(1) The Director, Information and Public Relations, Assam, Dispur, Guwahati-6 for favour of information and kind necessary action. He is requested kindly to arrange for publishing the above notice immediately in one major leading Regional/Local News paper.

The bills may be sent to this office for payment in due course. The date of publication and the names of the News Papers may kindly be intimated to this office for record.

Enclos : 4(four) Nos. N.I.Q. in four copies.

(A.K. Das)

Superintending Engineer, PWD Lower Assam Mechanical Circle Guwahati-1

As indicated above, the same was published in the English language daily newspaper "Eastern Chronicle" on 26-07-2011. From the not