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ARUN DEV CHOUDHURY
Consulting Engineer (Ng) – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. Heard Mr. R. Singha, learned counsel for the petitioners. Also heard Ms. M. Katoky, learned Standing Counsel for the Department of Animal Husbandry & Veterinary, Government of Assam who is representing the respondent Nos. 1 to 4, Mr. H. K. Das, learned counsel appearing for the respondent No.5, 6 and 7 and Mr. D. Nath, learned Senior Government Advocate for the State of Assam, who had assisted this Court on request for purpose of dealing with the provision of the Contract Labour (Regulation and Abolition) Act, 1970 and the Contract Labour (Regulation and Abolition) Assam Rules, 1971.
2. The Director of Animal Husbandry and Veterinary Department, Guwahati had floated a Notice Inviting Tender on 23.02.2024 for the construction of a New Multicare Hospital including Logistics at Joysagar in Sivasagar District under SOPD-G. The petitioner and the private respondents submitted their Bids for the aforesaid work. The Bid Evaluation Committee, (hereinafter referred to as Evaluation Committee) after evaluation of the Bid, while declaring the Bids of the private respondent Nos. 5, 6 and 7 to be responsive, had declared the Bid of the petitioner to be non-responsive in its meeting
The court established that evaluation criteria in tender documents must be clearly disclosed to ensure fairness, and valid licenses under the Contract Labour Act cannot be arbitrarily deemed invalid.
The requirement of a labor license covering the specific district is essential for bid evaluation, and the interpretation by the employer should be upheld unless proven arbitrary or unreasonable.
Government Contract – Tender Call Notice – Judicial review in these matters is equivalent to judicial restraint in these matters. Writ court does not have expertise to correct such decisions by subst....
The central legal point established in the judgment is that the rejection of a bid must be lawful and in accordance with the terms of the tender notice. The court emphasized the importance of meeting....
The acceptance of a non-responsive tender violates established tendering criteria and principles of fairness, leading to arbitrary and discriminatory treatment of compliant bidders.
Tender conditions are binding and deviations lead to arbitrariness, violating fairness in the procurement process.
The eligibility for tender participation relies strictly on interpreted criteria by the issuer unless proven arbitrary or biased, excluding warranty periods from work experience.
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