Point of law: Tender/Contract – Judicial Review - Equal opportunity granted to all technically qualified bides – No question of violation of fundamental rights.

JUDGMENT :

Heard Mr. KN Choudhury, learned Senior counsel assisted by Mr. J. Patowary, learned counsel for the petitioners in both the writ petitions. Also heard Mr. K Srinivasan, learned counsel representing the petitioner in WP(C) 8696/2019., Mr. D Saikia, learned Senior counsel assisted by Mr. B Choudhury, learned counsel for the State Agriculture Department. Mr. AD Choudhury, learned counsel for the respondent No. 8, Mr. A Das, learned counsel for the respondent Nos. 9, 10 and 12, Mr. S N Tamuli, learned counsel for the respondent No. 7 and Mr. D Das, learned Senior counsel assisted by Mr. B Gogoi, learned counsel for the private respondent No. 6. Both the writ petitions are taken up for disposal through this common judgment and order in view of the common cause of action.

2. The Director of Agriculture, Assam, respondent No. 3 vide notice dated 04.02.2019 invited competitive rates of Tractor and Matching Implements from the manufacturers of tractors for Phase-II of the scheme for “Distribution of Tractor unit under CMSGUY” for one model of Tractor in each of the three categories namely:

i. 35 PTO HP or more than 35 PTO HP and up to 40 PTO HP.

ii. More than 40 PTO HP and up to 45 PTO HP.

iii. More than 45 PTO HP and 50 PTO HP.

3. Amongst others, the following conditions were stipulated which are reproduced hereinbelow:

“ 4. Most competitive rates offered by manufacturers in each category of models mentioned above would be selected and notified for procurement by the selected beneficiary groups as per their choice. In a particular category (Sl. No. 1), the most competitive rate offered by 50 (fifty) % of the technically responsive out of participating manufacturers against the particular model shall be selected.

11. The beneficiary group may procure the tractor of selected model and make along with implements, if so opted, from any authorised dealer of the manufacturer in the state. The group may negotiate with the dealer to bring rates below the price quoted by manufacturer.”

4. The tender evaluation committee on 29.03.2019 took the following decision in respect of the Tractors: “The following bidders (manufacturer) were found non responsive due to reasons mentioned against them.

One model of tractor namely DEUTZ FAHR Agromaxx 55 offered by M/s Same Deutz Fahr India (P) Ltd. in the category “More than 45 up to 50 PTO HP” was found non-responsive due to PTO HP is less than 45, as per the test report furnished. On evaluation of technical bids, the committee found the following brand and model of tractors offered by manufacturers in the three categories as responsive: