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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MANISH CHOUDHURY, J.
M/s NAD and Associates – Petitioner
Versus
The Union of India, Rep. by Secretary – Respondent
W.P. (C) No. 5826 of 2021
Decided On : 18-02-2022
Constitution of India,1950 – Article 14 and 226 –Tender - Railway - By invoking extraordinary and discretionary jurisdiction of this Court under Article 226 of Constitution of India, petitioners have filed this writ petition assailing firstly, decision of respondent authorities to discharge tender process initiated by a Notice Inviting Tender wherein petitioner no. 1 firm emerged as sole eligible bidder; secondly, a Letter of Acceptance whereby respondent was allotted to do work of GST return filing and any other services with regard to GST related issues of N.F. Railway for a period of 2 [two] months and thirdly, a Notice Inviting Tender whereby the respondent N.F. Railway authorities have invited bids for Contract-Work in question again- Whether decision could have been made in a different manner in facts and circumstances of case .
Finding of the Court: It was in such factual matrix, Hon'ble Supreme Court held that respondents had full notice of ground - But in case in hand, save and except a bald assertion, petitioner has not brought on record the details of Letter of Award, not to speak of the copy of the Letter of Award, by which the respondent authorities have allegedly awarded a work to respondent no. 6 again for another period of 6 [six] months - It is settled that an order which has not been brought on record in a writ petition cannot be set aside by this Court in exercise of its power of judicial review - As such, challenge made on behalf of petitioner with regard to any subsequent Letter of Award made in favour of respondent cannot be entertained and same is negated - In view of the discussions made and for the reasons stated, this Court has not found any arbitrariness, irrationality or mala fide on the part of respondent Railway authorities in discharging/cancelling tender processinitiated by the 1st NIT and in initiating a fresh tender process with changedeligibility criteria by 2nd NIT - Consequently, this writ petition is found to be bereft of any merit and the same is liable to be dismissed - It is accordingly dismissed.
Result: Writ petition is dismissed
JUDGMENT :
MANISH CHOUDHURY, J.
1. By invoking the extraordinary and discretionary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioners have filed this writ petition assailing firstly, the decision of the respondent authorities to discharge the tender process initiated by a Notice Inviting Tender dated 22.07.2021 (hereinafter referred to as ‘1st NIT’ for convenience) wherein the petitioner no. 1 firm emerged as the sole eligible bidder; secondly, a Letter of Acceptance (LoA) dated 12.10.2021 whereby the respondent no. 6 was allotted to do the work of GST return filing and any other services with regard to GST related issues of N.F. Railway for a period of 2 (two) months w.e.f. 17.10.2021 to 16.12.2021 and thirdly, a Notice Inviting Tender dated 08.10.2021 (hereinafter referred to as ‘2nd NIT’ for convenience) whereby the respondent N.F. Railway authorities have invited bids for the Contract-Work in question again.
2. The work for which the 1st NIT was and the 2nd NIT has been published is the same which is ‘GST return filing and other services with regard to GST related issues of N.F. Railway for 3 years’ (‘hereinbefore and hereinafter referred to as ‘the Contract-Work’ for short). It was/is an open tender process and the bid system was/is single packet system.
3. As the exchange of pleadings between the parties have already been completed and notices upon all the parties have been duly served, the writ petition is taken up for final consideration at the admission stage itself at the request of the learned counsel for the parties. In order to appreciate the rival contentions raised by the parties, it would be apposite to delineate the background events, in brief, leading to the institution of this writ petition, at first.
4. By the 1st NIT dated 22.07.2021, bids were invited from reputed and experienced contractors/firms for the Contract-Work, with reference to Tender No. TA/GST/Contract/ RT/2021-22 dated 22.07.2021. The advertised tender value was mentioned as Rs. 48,09,574.98/- and the period of completion was mentioned as 36 (thirty six) months. The last date of submission of bids as per the 1st NIT was 23.08.2021. However, by a Corrigendum dated 03.08.2021, the period of completion of the Contract-Work was reduced to 33 (thirty three) months instead of the earlier 36 (thirty six) months and the advertised tender value of the Contract-Work was reduced to Rs. 44,17,275.72/- instead of the earlier advertised tender value of Rs. 48,09,574.98/-. By the Corrigendum, the eligibility conditions for the bidders were not changed.
4.1. The relevant clauses in the tender document which are at issue in this writ petition read as under:
Special Technical Criteria
| S. No. | Description | Confirmation Required | Remarks Allowed | Documents Uploading |
| 1. | The bidder should have satisfactorily completed in the last three previous financial years and the current financial year up to the date of opening of the tender, one similar single service contract for a minimum of 35% of the advertised value of the bid. Completed service contract includes ongoing service contract subject to payment of bills amounting to at least 35% of the advertised value of the bid. In the instant contract, similar service means Railway GST return filing, computation on applicability on GST and any other services related to GST with Railway. | No. | No. | Allowed (Mandatory) |
| S. No. | Description | Confirmation Required | Remarks Allowed | Documents Uploading |
| 1. | He must have 3 years working experience with Railway in respect of GST return filing and other services with regards to GST related issues in last 3 FY. | No | No | Allowed (Mandatory) |
5. In response to the 1st NIT, the petitioner no.
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