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2018 Supreme(Gau) 1530

UJJAL BHUYAN
INDIA MEDTRONIC PVT LTD REP. HEREIN BY ITS AUTHORISED REPRESENTATIVE AND AREA MANAGER SRI BISWAJIT CHAKRABORTY – Appellant
Versus
STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT – Respondent


Advocates Appeared:
For the Petitioner: MR. S BORTHAKUR

ORDER :

1. Heard Mr. Suhail Dutt, learned Senior Counsel, assisted by Mr. Abhijit Singh, Mr. Vikram Rajkhowa, Mr. Kushagra Sah, Mr. N N B Choudhury and Mr. S S Borthakur, learned counsel for the petitioner. Also heard Mr. D Saikia, learned Senior Additional Advocate General, Assam, assisted by Mr. B Gogoi, learned Standing Counsel, Health Department for respondent Nos. 1 and 2; and Mr. M K Choudhury, learned Senior Counsel, assisted by Mr. M Sharma, learned counsel for respondent No. 3.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks the following reliefs:-

(i) setting aside and quashing the impugned order dated 14.03.2018, passed by respondent No. 2 whereby the respondent No. 2 declared that petitioner failed to qualify in the Financial Bid evaluation and rejected the Financial Bid of the petitioner;

(ii) cancelling the purported rate contract letter dated 30.01.2018 issued by the respondent No. 2, whereby respondent No. 2 has arbitrarily and illegally declared respondent No. 3 as L-1 in respect of the 12 items and thereby awarding the rate contract letter to respondent No. 3;

(iii) to direct respondent No. 2 to consider the petitioner as qua













































































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