UJJAL BHUYAN
DEBEN DAS S/O LT. JAUNA DAS – Appellant
Versus
STATE OF ASSAM REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI – Respondent
1. Heard Mr. D. Das, learned Sr. Counsel assisted by Mr. H. Nath, learned counsel for the petitioners and Mr. B. Gogoi, learned Standing Counsel, Health Department, Govt. of Assam for the respondents.
2. All the writ petitions are based on identical facts, raising a common question of law. Hence, all the writ petitions were heard together and are being disposed of by this common order.
3. Question for consideration in this bunch of writ petitions is whether respondents were justified in cancelling the tender and going for re-tender on the ground that after technical evaluation only the petitioners remained as the single valid tenderer? Secondly, corollary to the above is the related question as to whether the concept of single tender warranting re-tender would be applicable to a situation where post technical evaluation only one tender remains in the fray as a valid tender?
4. Director of Health Services, Assam (Director) had issued E-tender notice on 26.09.2017 for providing patient diet services on contract basis for District Health Institutions under the Directorate of Health Services, Assam. It was mentioned that the tenders were required to be submitted online and would be
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