JUDGMENT :

Manish Choudhury, J.

Heard Mr. N. Dutta, learned Senior Counsel assisted by Mr. K. Sah and Mr. V. Rajkhowa, learned counsel for the appellant. Also heard Mr. D. Saikia, learned Senior Counsel assisted by Mr. B. Gogoi, learned Standing Counsel, Health Department appearing for respondent nos. 1 and 2 and Mr. M.K. Choudhury, learned Senior Counsel assisted by Mr. M. Sarma, learned counsel appearing for respondent no. 3.

2. This intra-court appeal is directed against the judgment and order dated 29.10.2018 passed by the learned Single Judge in the writ petition, W.P.(C) No. 1648/2018. By the said judgment and order dated 29.10.2018, the learned Single Judge by holding that the challenge made by the appellant as the writ petitioner, cannot be legally sustained, has dismissed the said writ petition.

3. The genesis of the present lis is an e-Tender Notice dated 08.09.2017 issued by the office of the Mission Director, National Health Mission (NHM), Assam i.e. the respondent no. 2. By the said Notice dated 08.09.2017, e-Tenders in two-Bid System (Technical Bid & Price Bid) were invited from manufacturers/direct importers only for entering into Rate Contract for supply of "Essential Surgicals & Sutures" to Government Health Institutions in Assam for a period of two years from the date of finalization of Rate Contract (Two year Rate Contract ending on 30.09.2019). Initially, the last date of submission of bids was 07.10.2017 before 2-00 p.m. Later on, the last date of submission of bids was extended upto 27.11.2017 till 2-00 p.m. vide Extension Notice - 6 dated 08.11.2017 and it also mentioned that bids would be opened on 27.11.2017 till 3-00 p.m. A Corrigendum No. 2 dated 16.11.2017 also mentioned that the bids would be opened at 3-00 p.m. on 27.11.2017. By the e-Tender Notice, bids were invited in respect of 237 items and at 'Annexure - XIII : Items with Quantities thereto', the quantity of each item was indicated with the condition that actual quantity to be procured from time to time by the different procuring agencies/purchasing authority shall be based on need assessment of the concerned agency/authority. The said Annexure - XIII : Items with Quantities stood modified by Corrigendum No. 2 and by the said 'Modified Annexure - XIII : Items with Quantities', the list of items with specification and quantity had been indicated.

4. Responding to the said e-Tender Notice, the appellant-writ petitioner claiming itself to be a direct importer holding valid import licences, thus, satisfying the 'Eligibility Criteria' stipulated in the e-Tender Notice, submitted its bid (Technical Bid & Price Bid) for 68 nos. of items, out of the 237 items, by uploading the same in the concerned official website of the respondent no. 2 on 27.11.2017.

5. As stipulated, the Bid Evaluation Committee consisting of (i) Executive Director, NHM, Assam; (ii) Director of Finance & Accounts, NHM, Assam; (iii) Consultant, Maternal Health, NHM, Assam; (iv) Procurement Expert, NHM, Assam; (v) Financial Advisor, NHM, Assam; (vi) DSM, SHQ, NHM, Assam; & (vii) DSM, SHQ, NHM, Assam, opened the technical bids on 27.11.2017 in presence of the authorized representatives of the participating bidders and on opening, a total of 51 nos. of bidders were found to have participated in the bidding process. The Minutes of the Bid Evaluation Committee, signed on 02.01.2018, reflects that out of the 51 bidders, bids of 36 bidders were found technically responsive against the parameters of the e-Tender Notice and technical bids of 15 nos. of bidders were rejected finding them not fulfilling the criteria and for non-submission of relevant documents. In the list of 36 nos. of technically responsive bidders, the names of respondent no. 3 and the appellant found figured at serial no. 2 and serial no. 13 respectively. In the said Minutes dated 02.01.2018, a general remark was made to t