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2021 Supreme(Gau) 162

SANJAY KUMAR MEDHI
Tata Motors Ltd – Appellant
Versus
State Of Assam – Respondent


Advocates Appeared:
Jyotirmoy Roy, Advocate

JUDGMENT

Sanjay Kumar Medhi, J. - The extra-ordinary jurisdiction of this Court conferred by Article 226 of the Constitution of India has been sought to be invoked by filing the present writ petition. The subject matter of this writ petition is in connection with a tender process for procurement of Ambulances by the Assam Government wherein, the petitioner, which is a bidder, has questioned the eligibility of the respondent no. 5, a co-bidder and all consequential actions of allotting the work to the said respondent no. 5.

2. For better appreciation of the issue in hand, a brief narration of the facts of the case would be beneficial.

3. A tender notice was floated by the Mission Director, National Health Mission, Assam (NHM) dated 01.09.2020 for procurement of 100 units of Type C Ambulances-R. The said notice was uploaded in the GeM portal (Government e-Marketplace). In response to the same, the petitioner and the respondent no. 5 had submitted their respective bids. Upon evaluation, the bid of the respondent no. 5 was found to be the lowest (L1). However, it is the case of the petitioner that upon careful examination of the credentials and testimonials of the respondent no. 5, it was

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