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2021 Supreme(Gau) 481

MANISH CHOUDHURY
A1 Facility and Property Managers Pvt. Ltd. , Goregaon (East), Mumbai – Appellant
Versus
State of Assam Represented By The Principal Secretary To The Govt. Of Assam, Health And Family Welfare Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. M.K. Choudhury, Senior Advocate, Mr. D.R. Gogoi, Advocate
For the Respondent:Mr. D.P. Borah, learned Standing Counsel, Mr. R. Dubey, Advocate

JUDGMENT :

This writ petition under Article 226 of the Constitution of India has arisen out of an Invitation for E-Bid [IFB] [‘the NIT’, for short] dated 21.01.2021 through National Competitive Bidding issued by the respondent no. 3 i.e. the Director of Medical Education, Assam [the DME, Assam].

2. By this writ petition, the petitioner, a company incorporated under the provisions of the Companies Act, 1956, has assailed a report dated 26.04.2021 submitted by the Technical Committee in respect of the NIT dated 21.01.2021 issued by the respondent no. 3. By the said report dated 26.04.2021, the Technical Committee did not accept the technical bid of the petitioner submitted in response to the NIT. The petitioner has preferred this writ petition seeking interalia direction to the respondent authorities to accept its technical bid and to declare the petitioner qualified in the technical bid evaluation stage with the further direction to open the financial bid submitted by the petitioner along with the other financial bids submitted in relation to the NIT.

3. The background facts leading to the institution of the instant writ petition may be exposited first in order to appreciate the issues

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