Back
MICHAEL ZOTHANKHUMA
Ziqitza Health Care Limited (ZHL) – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. Heard Mr. AK Bhattacharyya, learned senior counsel assisted by Ms. G Goswami, learned counsel for the petitioner. Also heard Mr. D Saikia, learned Advocate General, Assam assisted by Mr. B Gogoi, learned counsel for the respondent Nos. 1 to 5 and Mr. D Das, learned senior counsel assisted by Mr. BD Deka, learned counsel for the respondent No. 6.
2. The grievance of the petitioner relates to his disqualification at the time of opening of the technical bids in relation to an e-Tender Notice dated 16.12.2022 issued by the Directorate, Animal Husbandry & Veterinary Department, Assam, whereby 181 numbers of mobile veterinary units vehicles are to be put into operation for establishment of MVU-Call Centre under the centrally sponsored scheme ESVHD-MVU under Livestock Health and Disease Control Program.
3. The petitioner herein has filed 2 (two) writ petitions, i.e., WP(C) No. 1169/2023 and WP(C) No. 1842/2023 against the same respondents. The respondent Nos. 1 to 5 are the State respondents, while the respondent No. 6 is the private respondent, who had been allotted the co
Rule 23(16)(iv) of Assam Public Procurement Act, 2020 is reproduced Bidders securing specified minimum percent of marks or having fulfilled specific minimum achievement norms as fixed may be consider....
Contract Work of providing cleaning and sanitation services was awarded to it. By putting in such a condition, the petitioner had sought to alter/modify the condition set forth in the invitation made....
The decision-making process of the tendering authority should be respected unless there is mala fide or perversity, and the court should only interfere in tender matters in furtherance of public inte....
A bidder must demonstrate work experience 'in his own name' as per tender requirements; failure to hear a necessary party warrants review.
Judicial review in tender matters limited to arbitrariness or mala fides; courts defer to authority's bid compliance assessment, refusing substitution unless perverse.
The court upheld the authority's discretion in evaluating tender bids, emphasizing the need for compliance with mandatory conditions and the absence of arbitrariness in disqualification decisions.
In tender matters, judicial review is limited; courts defer to tender authority's bid responsiveness assessment unless arbitrary, mala fide or perverse, prioritizing public interest in infrastructure....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
