JUDGMENT :

Heard Mr. I. Choudhury, learned senior counsel assisted by Mr. T. Garam on behalf of the petitioner, Mr. R. Saikia, learned counsel appearing for respondent Nos. 1 to 4, and Mr. Apang, learned senior counsel appearing for respondent no. 5.

2. The Executive Engineer (Electrical), Roing Electrical Division (respondent No. 4) issued an NIT dated 20.10.2022 inviting bids for “Electrification of Tourist destination in Lower Dibang Valley District [Eze Breeze Tower (Jawaharlal Nehru Van Udyan) and Sally Lake (at 4km point at Roing – Hunli Road)], Arunachal Pradesh” for an estimated cost of Rs. 3,22,46,000/-to be submitted in a two-bid system i.e. technical and financial, wherein the last date for submission was given as 02.11.2022, and the time for completion of the work was given as 12 months. The NIT also mentioned that the bids should be submitted physically and, the time and date for opening were given as 2:30 P.M. of 03.11.2022. Three firms including the petitioner’s participated in the tender and the amounts quoted by the three firms were as follows:

(I) The petitioner’s firm i.e. M/s Lingi Trading Agency, Roing – 277,74,130.26.

(II) The private respondent M/s G.R. Enterprises, Roing – 310,87,532.00.

(III) M/s R.R. Traders, Roing – 225,20,405.45.

The bids were opened and evaluated by the duly appointed Tender Opening Board headed by the Executive Engineer (ERED) cum Chairman, Tender Opening Board. The result of the evaluation as given in the Recommendation Report/minutes of the Tender Opening Process dated 3.11.2022 was as follows:

“Bidder 1: M/s R.R. Project has entered into joint venture with M/s Gaurav Electrical having its registration office at Opposite FCI Godown-Makum Road Tinsukia Assam. Whereas, this firm has fulfilled all the eligibility criteria but fails to satisfy the conditions of SBD under Volume-I Section-II (ITB) Clause-2.0 (Eligibility of Bidder) Sl. No.: 1.0

Bidder 2: M/s Lingi Trading Agency also fulfilled all the valid laid down eligibility criteria except for conditions of SBD under Volume-I Section-II (ITB) Clause- 2.0 Sl. No.: 2.1.8 at Page No. 4 wherein Kids and Kin are barred to participate in the standard process. The proprietor has appointed PA to Shri-Unti-Umbrey but this PA holder hasn’t produced Electrical License in his name which is pre-requisite criteria for participating in the bidding.

Bidder 3: M/s J.R. Enterprises has participated in the bidding making joint ventures with M/s Hene Agency. All the criteria have been fulfilled with joint portfolios. As remarked in the Technical Eligibility Criteria Evaluation sheet, bidding competitor objected to Electrical License of M/s J.R. Enterprise with reference to SBD Volume-I: Annexure-A of Section-III Clause-1.02 Sl. No.: 1.02.1 and Sl. No.: 1.02 (I), this condition are fulfilled by Joint Venture partner firm (M/s Hene Agency), M/s J.R. Enterprise have a new Electrical License which is new but valid and satisfies the bidding criteria.”

3. The Superintending Engineer (E), A.P Electrical Circle – VII, Department of Power, Lohit District, Tezu approved the Evaluation Report and instructed the Executive Engineer (E), Roing, Electrical Division, Department of Power vide letter dated 07.11.2022 to take necessary action for awarding the work to the private respondent. Aggrieved by the Evaluation Report and the approval of the Superintending Engineer (E), the petitioner is before this Court through his Power of Attorney holder, Shri Unti Umbrey challenging both the documents.

4. Mr. I. Choudhury, learned senior counsel appearing for the petitioner submitted that, because of lack of qualified and competent Contractors to carry out Government contract works, young and budding businessmen in the State have been allowed to participate in tenders by using the names of recognized and reputed firms through Power of Attorney so that they may be groomed as good contractors and at the same time are gainfully employed for their own good and also for the State, and