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SANJAY KUMAR MEDHI
Novo Computing – Appellant
Versus
State of Assam, Through the Secretary to the Government of Assam, Skill, Employment and Entrepreneurship Department – Respondent
JUDGMENT :
Sanjay Kumar Medhi, J.
The present petition under Article 226 of the Constitution of India has been filed in connection with a tender process initiated vide an NIT dated 05.03.2024 issued by the Government of Assam, Assam Skill Development Mission for selection of implementing agency for upgradation and customization of IT and MIS system of Assam Skill Development Mission. The grievance of the petitioner is mainly in connection with the deprivation from the benefits under the preferential policy and orders which according to the petitioner, it is entitled to.
2. As per the facts projected, the petitioner is a registered partnership firm having registration as Micro Enterprise (Udyam). The Assam Skill Development Mission (hereinafter Mission) had floated the aforesaid NIT dated 05.03.2004 with which the petitioner was interested. It is the case of the petitioner that being registered as a micro enterprise, it is entitled to the benefits of the provisions of the Assam Procurement Preference Policy, 2021 and The Procurement Preferential Order, 2017 of the Government of India as well as the Assam Public Procurement Act, 2017. It is projected that the terms incorporated in the t
The court affirmed that eligibility criteria in tender processes must be adhered to strictly, and non-compliance disqualifies bidders from preferential treatment under procurement policies.
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 interpretation of tender documents and eligibility criteria should defer to the understanding of the tendering authority. Judicial review should not interfere unless there is mala-fide, arbitrari....
The court affirmed that stringent eligibility criteria in public tender processes cannot violate statutory relaxations for Start-ups, emphasizing limited grounds for judicial review.
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.
The requirement for bidders to have a minimum number of experienced Biomedical Engineers on Payroll is essential for eligibility in tender processes, and the court respects the discretion of the Bid ....
MSEs with valid Udyam Registration are exempt from turnover and experience criteria in bidding processes as per applicable regulations, and arbitrary disqualification on these grounds is unlawful.
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
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