JUDGMENT :

1. The writ petitioner has instituted both the writ petitions – W.P.[C] no. 4980/2022 & W.P.[C] no. 54/2023 – under Article 226 of the Constitution of India laying challenge to competitive bidding processes initiated for ‘Outstanding of Dietary Services’ for patients of the institution, Fakhruddin Ali Ahmed Medical College & Hospital, Barpeta [‘the FAAMC&H, Barpeta’, for short]. While the writ petition, W.P.[C] no. 4980/2022, instituted first in point of time, is relatable to a decision taken by the respondent authorities for cancellation of the bidding process initiated by a Tender Notice [e-Tender] dated 27.05.2022 by a Cancellation Notice/Order [e-Tender] dated 29.07.2022, the subsequent writ petition, W.P.[C] no. 54/2023 has been preferred seeking setting aside and quashing of a Tender Notice [e-Tender] dated 05.08.2022.

2. The writ petitioner, M/s Shree Ganesh Traders is a proprietorship firm. It is claimed that it deals inter-alia in providing dietary services. It is stated that it has rendered dietary services at the FAAMC&H, Barpeta for about 11 [eleven] years apart from providing similar dietary services at the Silchar Medical College & Hospital, Silchar [‘SMC&H, Silchar’, for short]. At the time of institution of the writ petition, W.P.[C] no. 4980/2022, the petitioner had been providing dietary services for patients at the FAAMC&H, Barpeta pursuant to its emergence as the successful bidder in a competitive bidding process initiated in the year 2020.

3. The background events leading to the institution of the two writ petitions can be narrated as follows : On 27.05.2022, the Superintendent, FAAMC&H, Barpeta [the respondent no. 5 in both the writ petitions] had published the Tender Notice [e-Tender] of even date inviting e-Tenders on-line through e-procurement system via website – www.assamtenders.gov.in for ‘Outsourcing of Dietary Services’ for patients wherever it was deemed fit to cater to the day to-day requirements of the FAAMC&H, Barpeta. By the Tender Notice [e-Tender], the FAAMC&H, Barpeta intended to enter into a Rate Contract for 1 [one] year with approved licensed dietary service [in both vegetarian and non-vegetarian diet] providers, which can offer Dietary Service as per the terms and conditions contained in the tender documents. The Tender Notice [e-Tender] dated 27.05.2022 apart from being uploaded in the e-portal : www.assamtenders.gov.in, was also given wide publicity through Janasanayog.

3.1. The bidding process was in two-bid [Technical Bid & Financial Bid] system. The Technical Bid was to contain all the relevant information and desired enclosures in the prescribed format along with payment receipts of Tender Fee and Earnest Money Deposit [EMD]. The Tender Fee prescribed was Rs. 5,000/-and the EMD [Bid Security] to be deposited was Rs. 3,00,000/-. The Financial Bid was to contain only the commercial documents. To qualify in the Technical Bid, the bidder should have the minimum eligibility criteria prescribed in the Tender Notice [e-Tender] dated 27.05.2022 and for that purpose, a bidder was required to submit the documents mentioned specifically in Clause 14 of the Tender Notice [e-Tender] dated 27.05.2022. The Financial Bid was to be submitted in the Price Bid Form as per Annexure-2 of the tender documents and was to be submitted in the BoQ Format on-line. The prices were required to be quoted as per the specified format, failing which the bid was to be summarily rejected. The bids [consisting of the Technical Bid & the Financial Bid] were to be submitted in the on-line mode and a hard copy of the Technical Bid was also to be submitted by each bidder as per the guidelines set forth in the Tender Notice [e-Tender] dated 27.05.2022.

3.2. As per the Tender Notice [e-Tender] dated 27.05.2022, the last date of submission of bids [both Technical Bid and Financial Bid] was up to 10-30 p.m., 21.06.2022 and the date of opening of the Technical Bids was scheduled at 0230 p.m. on 22.06.2022. 3.3. In res