Point of Law: In order to notice such variation in the conditions of RFP, qualifying criteria etc the person concerned need not required to be a technical one. Suffice it to hold from the point of view of this court, that if the administrative authority observed that the tender process adopted lacked transparency and deficient in the basic requirements this court cannot impose any decision of its own.

JUDGMENT :

Heard Mr. KN Choudhury, learned Senior counsel assisted by Mr. TR Sarma, the learned counsel for the petitioners in both the writ petitions. Also heard Mr. D Saikia, the learned Advocate General, Assam assisted by Mr. S Bora, learned standing counsel for the Guwahati Municipal Corporation (GMC) and Guwahati Development Department (GDD).

WP(C) 684/2021

2. The petitioners filed WP(C) 684/2021 on the following facts and circumstances. The Guwahati Smart City Limited (GSCL), respondent No. 2 represented by its Managing Director, the respondent No. 3 floated a Request For Proposal (RFP) for the work “Selection of System Integrator for implementation of integrated command and control centre, ITMS and city surveillance system in Guwahati on Design, Supply, Implementation and O&M (5 years) basis” vide tender notice No. SPV/GSCL/DEV/55/2017/936 dated 12.06.2020. The writ petitioners formed a consortium with Broadcast Engineering Consultant India Limited (BECIL) and participated in the tender process. The technical evaluation of the bid was done by the technical evaluation committee constituted by the Guwahati Smart City Limited i.e. respondent No. 2 on 16.10.2020 and 17.10.2020 in presence of the representatives of all the participant bidders. In the technical bid M/s BECIL in consortium with the writ petitioners scored highest mark and declared “T1”. In the said tender process M/s BECIL along with petitioners as the consortium, M/s Larsen & Toubro Limited Smart World (L&T) and M/s e-Centric Solutions Pvt. Ltd., in consortium and M/s Assam Electronics Development Corporation Limited (AMTRON) and Intec Infonet Pvt. Ltd. in consortium were the three parties who qualified in the technical bid. As hereinabove stated M/s BECIL in consortium with the writ petitioners scored highest mark in technical bid and declared “T1”. The price bid was opened and the bid of M/s BECIL in consortium with the writ petitioners was found to be lowest and the comparative statement of scores (technical score + financial score) was prepared on 29.10.2020 and M/s BECIL in consortium with the writ petitioners was declared to be the “H1” bidder. The petitioners came to know on 30.10.2020 and after the bid of M/S BECIL in consortium with the writ petitioners was declared to be the ‘H1’ bidder, the ‘H3’ bidder Larsen & Toubro Smart World (M/s L&T) lodged a complaint before the Chairman, GSCL relating to the methodology in the marking process adopted in the technical evaluation process. The copy of the complaint was sent to the Hon’ble Minister, Guwahati Development Department by M/S L & T. On receipt of the complaint, the Hon’ble Minister passed a direction on 31.10.2020 to keep the tender process in abeyance. Despite being declared as ‘H1’ bidder the Guwahati Smart City Limited, the respondent No. 2 did not issue the work order in favour of M/s BECIL in consortium with the writ petitioners.

3. The Guwahati Smart City Limited, the respondent No. 2 called for the RFP pursuant to the direction of this Hon’ble High Court passed in PIL No. 72/2016 as the Project sought to be executed is of utmost public importance. It was observed by the Hon’ble Division Bench of this court in the said PIL No. 72/2016 that if the Project is completed by the GSCL most of the issues relating to the traffic congestion and management would be resolved. Despite such observations made by the Hon’ble Division Bench of this court the respondent No. 3 acted maliciously in delaying the finalization of the tender process. Taking the plea of roving enquiries for extraneous consideration, the petitioners therefore preferred this writ petition seeking the relief for issuance of the work order to the petitioners to execute the Project for which the tender was called for by the respondent No. 2.

WP(C) 2959/2021

4. During the pendency of the aforesaid WP(C) 684/2021, the Managing Director, Guwahati Smart City Limited, the respondent No. 3 issued the notice dated 28.04.2021 whereby the tender notice