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2023 Supreme(Gau) 1257

MANISH CHOUDHURY
Mediciti Healthcare Services Pvt. Ltd. – Appellant
Versus
State of Assam Represented by the Commissioner and Secretary, Ministry of Health and Family Welfare – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. M.K. Choudhury, Senior Advocate, Mr. M. Biswas, Advocate, and Mr. K. Arouh, Advocate
For the Respondent:Mr. D. Saikia, Advocate General, Assam, Mr. B. Gogoi, Standing Counsel, Mr. T.J. Mahanta, Senior Advocate, Mr. P.P. Dutta, Advocate

JUDGMENT :

Rejection of both the Technical Bids submitted by the petitioner in response to an e-Tender Notice dated 13.10.2022 for Tender no. : NHM-18016/8/2022-Procurement-NHM-55-P and another e-Tender Notice dated 18.10.2022 for Tender no. : NHM-18016/8/2022-Procurement-NHM-83-P respectively by decisions taken by the Bid Evaluation Committee in its Meeting, held on 05.04.2023, have led the petitioner to institute the writ petition under Article 226 of the Constitution of India seeking setting aside of that decisions contained in the Minutes of the Bid Evaluation Committee dated 05.04.2023. Seeking a further direction in the nature of mandamus to the State respondent authorities to declare the petitioner’s both the Technical Bids submitted in response to the e-Tender Notice dated 13.10.2022 and the e-Tender Notice dated 18.10.2022 as responsive, the petitioner has also sought for a direction in the nature of mandamus to the State respondent authorities to declare both the Technical Bids submitted by the respondent no. 5 in response to the e-Tender Notice dated 13.10.2022 and th

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