This intra court appeal is directed against order dated 28.10.2013 passed by the learned Single Judge of this High Court, whereby he has dismissed appellant’s WP(C) No.3904/2013.

2. Facts in short are these. On 24.5.2013, Deputy Commissioner, Darrang, issued notice inviting tender for settlement of No.2 Sootia Brahmaputra Fishery for 7 years. One of the conditions enumerated in the tender notice was that tenders can only be submitted by Fishery Co-operative Societies constituted by 100% Scheduled Caste people or by actual fishermen belonging to Maimal Community of erstwhile Cachar District falling in Barak Valley. This condition was in consonance with Rule 12 of the Assam Fishery Rules, 1953 (in short “Rules, 1953”). The appellant responded by offering bid value of Rs.1,82,62,805.00. In all, 5 tenders were submitted. Against the above bid value of appellant, which was the highest, the second highest bid value offered by Respondent No.3 was of Rs.1,09,08,000.00. And, although, the bid value offered by the appellant was much higher than that of Respondent No.3, respondent No.2, Secretary to the Government of Assam, Fishery Department, vide order dated 11.7.2013, settled the