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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Manish Choudhury, J.
M/s Mediciti Healthcare Services Pvt. Ltd. - Petitioner
Versus
The State of Assam Represented by the Commissioner and Secretary, Ministry of Health and Family Welfare and ors. – Respondents
Writ Petition (C) No. 2477 of 2023
Decided On : 10-11-2023
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 the e-Tender Notice dated 18.10.2022 as non-responsive as the said two Technical Bids submitted the respondent no. 5 have been declared to be responsive ones by the Bid Evaluation Committee amongst the decisions taken in its Meeting, held on 05.04.2023.
2. In order to understand the nature of challenges made and prayers sought for by the petitioner, it is necessary to exposit the background facts as their genesis are traceable to two National Competitive Bidding processes initiated by the e-Tender Notice dated 13.10.2022 and the e-Tender Notice dated 18.10.2022.
2.1. By the e-Tender Notice dated 13.10.2022 for Tender no. : NHM-18016/8/2022-Procurement-NHM-55-P, the Mission Director, National Health Mission, Assam [the respondent no. 3] invited e-Tenders in two-Bid System from reputed agencies for a contract work :-‘For Hiring of Service Providers for Biomedical Equipment Maintenance and Management Programme [BEMMP] in the Medical Colleges of the State’. The last date/time of uploading of the Tenders on-line was originally, fixed up-to 02-00 p.m., 03.11.2022. Later on, the last date/time of uploading of the Tenders was extended up-to 06-00 p.m., 03.12.2022 vide a Notice of Extension of Bid Submission End Date dated 02.11.2022. Finally, by another Corrigendum being Corrigendum no. 1 dated 23.11.2022, the last date/time of uploading the Tenders was extended till 02-00 p.m., 08.12.2022.
2.2. By the e-Tender Notice dated 18.10.2022 for Tender no. : NHM-18016/8/2022-Procurement-NHM-83-P, the Mission Director, National Health Mission, Assam [the respondent no. 3] invited e-Tenders in two-Bid System from reputed agencies for another contract-work :-
2.3. By the two Corrigenda, both dated 23.11.2022, the time/date of Bid Opening of the Technical Bids was scheduled at 05-00 p.m. on 09.12.2022 in respect of both the Tender Processes.
2.4. The Tender Inviting Authority is the National Health Mission [NHM], Assam, who on behalf of the User Institutions/Government or the Funding Agencies, has called for the e-tenders. The User Institutions in respect of the e-Tender Notice dated 13.10.2022 for Tender no. : NHM-18016/8/2022-Procurement-NHM-55-P [hereinafter also referr
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The court established that significant deviations from tender guidelines and arbitrary evaluation criteria violate the principles of fairness and proportionality under Article 14 of the Constitution.
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....
The court emphasized the need for restraint and deference to the tendering authority's interpretation of tender documents, especially in technical matters, and highlighted the importance of public in....
The court emphasized the limited scope of judicial review in contractual matters and the deference to be given to the interpretation of the tender document by the author. It also clarified that the w....
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 court upheld the award of the tender to the opposite party no.5, finding that the bid was qualified and awarded based on the evaluation of the bid and compliance with the conditions provided in C....
Judicial review in tenders limited to mala fides, arbitrariness, irrationality impacting public interest; courts defer to authority's interpretation of eligibility unless perverse.
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