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2023 Supreme(Gau) 1112
IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Manish Choudhury, J.
M/s Surya Kant Singh and Anr. – Petitioners
Versus
Delhi Public School and Anr. – Respondents
WP(C)/5497/2023
Decided On : 27-09-2023
Advocate Appeared:
For the Petitioner: Mr. S Nag
Headnote:
Constitution of India,1950 – Article 226 – Competitive bidding process – Notice Inviting Tender – Bidders – Whether such jurisdiction is available to the petitioner to be invoked in a matter of this nature – Held, respondents are neither extended arm of Government nor statutory authorities – Respondent no. 1, Constitution of India is only a society registered under provisions of Societies Registration Act, 1860 - Petitioner has not been able to show that State has any financial involvement in the running of affairs of Delhi Public School Society nor exercises any pervasive control – Invitation of tender by NIT, which is the genesis of present litigation, cannot, by any stretch, be termed as an activity in the domain of public law and it clearly falls in realm of private law – Dismissed
JUDGMENT :
Heard Mr. S. Nag, learned counsel for the petitioners and Mr. K. Kalita, learned counsel for the respondent nos. 1 & 2.
2. The present writ petition has been preferred under Article 226 of the Constitution of India in connection with a competitive bidding process initiated by a Notice Inviting Tender [NIT] vide Tender Reference no. DPS/BUS/003/2023 dated 10.03.2023 whereby the sealed tenders were invited from the bidders for the purpose of obtaining services of following description :
Hiring of Transport Services of Ten [10] nos. brand new fully built diesel Non-AC School Buses of Make & Model : TATA STARBUS SKL 51+A+D LP810.52 / SML ISUZU 57 5100WB 52+D SCHOOL BUS / EICHER SKYLINE 2090 L SKL SCL [51+1+D] / ASHOK LEYLAND OYSTER SCHOOL BUS 4900WB 53+D [3x2 LAYOUT] with all standard fittings and accessories and having applicable emission norms, buses to be purchased and registered after issuance of Letter of Award [LoA], for a period of 8 [eight] years with provision of extension by another two [2] years [extension if required, subject to satisfactory performance, acceptable mechanical & physical condition of the buses and with a provision to release the buses at any time during the extended period at the same rates, terms and conditions], to be stationed at Duliajan [Assam] for operational needs of the Delhi Public School [DPS], Duliajan [Assam] for school duties, primarily for safe transportation of school going children mostly in and around Duliajan & in special occasions to other places of Assam or any other place as and when required.
3. In response to the NIT, 3 [three] bidders including the petitioner, had submitted their bids and according to the petitioner, the bid values quoted by the 3 [three] bidders, in descending order, were as under :
| S. No. | Name of Bidder | No. of Buses | Quoted Price |
| 1. | Sri Sukumar Debnath | 10 | Rs. 16,22,88,000/- |
| 2. | M/s Baruas Industries | 10 | Rs. 11,15,89,440/- |
| 3. | Surya Kant Singh [the petitioner] | 10 | Rs. 10,87,48,800/- |
4. The petitioner has contended that as the petitioner emerged as the lowest bidder, he approached financial institutions for the purpose of obtaining financial facilities to execute the contract-work in terms of a Letter of Award [LoA] dated 10.05.2023. When the petitioner approached the respondent authorities on 09.09.2023 along with 10 nos. of brand new school buses with drivers and attendants-cum-handymen to place them at their services, the respondents had refused to accept the same and to deploy them.
5. It is the case of the petitioner that the respondents have informed him that they are not accepting the services sought to be extended by the petitioner for the time being in view of pendency of litigations in the forms of Commercial Court being Commercial Suit no. 02/2023 and Misc.[J] Case no. 74/2023, arising out of said Commercial Suit, before the Court of learned Civil Judge, Senior Division-cum-Commercial Court, Dibrugarh. The petitioner has also been informed that litigations in the forms of FAO/25/2023 and I.A.[Civil] no. 1520/2023 are also pending before the Gauhati High Court. The petitioner has been informed that one of the bidders viz. M/s Baruas Industries has instituted those litigations.
6. The present writ petition has been preferred seeking inter alia setting aside and quashing of a Letter dated 13.09.2023 issued by the respondent no. 2, whereby, the petitioner has been informed by the respondents are to the effect that they not proceeding for the time being to execute the agreement papers for a contract with the petitioner.
7. The parties impleaded in the present writ petition as party-respondents are [1] Delhi Public School, Duliajan, near City Bus Stand, Post Office & Police Station – Duliajan, District – Dibrugarh, Assam, Pin – 786602; and [2] The Principal, Delhi Public School, Duliajan, near City Bus St
