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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
LANUSUNGKUM JAMIR, J
M/s Gangadhar Fishery Co-op. Society Ltd - Appellant
Versus
The State Of Assam - Respondent
WP(C) 83 OF 2025
Decided On : 07-02-2025
(A) Tendering Process - Requirements for Submission - The Notice Inviting Tender dated 05.08.2024 required specific certificates for eligibility, including a 100% Actual Fisherman Certificate. The respondent No.4 failed to submit this certificate but was nonetheless awarded the tender. The court found that the authority had the discretion to relax requirements for bona fide reasons. (Paras 10 , 12 , 18 )
(B) Judicial Review - The court emphasized that the evaluation of tenders is a commercial function, and judicial review should be exercised with caution, prioritizing public interest over private grievances. (Paras 15 , 16 )
Facts of the case:
The petitioner challenged the settlement of a fishery tender awarded to the respondent No.4 despite their non-compliance with a key submission requirement, arguing that their bid should have been disqualified.
Findings of Court:
The court found that the respondent No.4 society had a proven track record and that the decision to relax the submission requirement was bona fide.
Issues: The key issue was whether the tender could be accepted despite the non-submission of the 100% Fisherman Certificate.
Ratio Decidendi: The court ruled that the interpretation of tender requirements is best left to the tender authority, and the decision to relax requirements was justified based on the respondent's prior experience and the nature of the bidding process.
Result: Writ petition dismissed.
JUDGMENT :
LANUSUNGKUM JAMIR, J.
1. Heard Mr. A. K. Sarma, learned counsel for the petitioner. Also heard Mr. P. Sarma, learned standing counsel, Fishery Department for the respondent Nos. 1 and 2; Mr. S. R. Baruah, learned Govt. Advocate for the respondent No.3 and Mr. B. D. Konwar, learned senior counsel assisted by Mr. M. Zomuanpuii, learned counsel for the respondent No.4.
2. The District Commissioner, Dhubri issued a Notice Inviting Tender on 05.08.2024 for settlement of Gr. No. 15/101 Torsa River Fishery in the Dhubri District for a period of 7(seven) years i.e., 2024-2031. The Notice Inviting Tender stipulates that the tender papers shall be accepted up to 02:00 PM on 10.09.2024 and it will be opened at 03:00 PM on the same date. As per Clause-IV of the Notice Inviting Tender, the Tenderers were required to submit the below mentioned documents with the duly filled up prescribed form of tender:
“IV. a. Certificate of fishing experience. The certificate should be issued by the DFDO on the basis of professional experience.
b. Encumbrance free certificate of Bakijai Proceedings from Deputy Commissioner. (the certificate should be in the name of the samaby samiti/self help group in the district in which the group is registered)
c. Certificate of Scheduled Caste/Caste Certificate of Maimal Community and certificate of being 100% actual Fisherman/Fish Farm Owner. (Samabay samiti/Self help group shall submit the said certificate issued by the ARCS of their concerned district.
d. 50 rupees Indian postal order/ bankers cheque/bank draft.
e. 15% of minimum fixed revenue for first year is to be paid as security by call deposit by mentioning the name of Samaby Samiti/Self Help Group.
f. Registration Certificate of Co-operative Society. (In case of self help group up to date should be submit)
g. Pan Card issued in the name of Co-operative Societies/ Group h. Attested photo of authorised person who submit tenders on behalf of society etc.
i. Copy of Balance Sheet and audit report accounts in case of co-operative society for last 3 years up to the current financial year.
j. List of name, address and age of the member of the society, k. Certificate issued by the concerned Revenue Circle regarding neighborhood of the members of the Society.”
3. Pursuant to the Tender Notice dated 05.08.2024, the petitioner’s society along with 2(two) others submitted their tenders. After opening the tender documents, the petitioner’s society was found to have submitted their tenders along with all relevant documents with a bid value of Rs.29,47,000/-. The respondent No.4 society was also found to have submitted all relevant documents except the 100% actual Fisherman Certificate with a bid value of Rs.38,60,500/- and the third tenderer i.e., Mala Self Help Group, Golakganj submitted a tender bid value of Rs.21,77,000/-, however the said society submitted only the Caste Certificate and society resolution at the time of submission of tender. Thereafter, the settlement of Gr. No. 15/101 Torsa River Fishery in Dhubri district was made with the respondent No.4 society for 7(seven) years by an order dated 23.12.2024, issued by the Addl. Secretary to the Govt. of Assam, Fishery Department.
4. Being aggrieved with the decision to grant settlement of the Gr. No. 15/101 Torsa River Fishery, Dhubri district in favour of the respondent No.4, the petitioner’s society is before this Court challenging the order dated 23.12.2024.
5. Mr. A. K. Sarma, learned counsel for the petitioner submits that Clause- IV (c) of the Notice Inviting Tender provides for submission of Certificates of Schedule Caste/Caste Certificate of Maimal Community and Certificate of being 100% Actual Fisherman/Fish Farm Owner. However, the respondent No.4 had failed to submit the 100% actual Fisherman/Fish Farm Owner Certificate and therefore, the respondent No.4 society stands technically disqualified. It is submitted that the petitioner’s society had submitted all the documents required in the Notice Inviting
The court upheld the tender authority's discretion to relax submission requirements, emphasizing that tender evaluations are commercial decisions that should not be interfered with lightly.
Point of Law : A certificate issued by such an authority carries with it a presumption under Section 114 III.(e) – “That judicial and official acts have been regularly performed.
Rule 12 of Assam Fisheries Rules 1953 provides that all registered fisheries shall be settled under tender system of sale, where Government shall settle 60% category fisheries with special category o....
The court established that in matters of public revenue settlements, the highest financial bid must be prioritized unless there are valid and justifiable grounds for rejection that comply with the ap....
It is settled position of law that power of judicial review of administrative action is intended to prevent arbitrariness, irrationality or unreasonableness or bias or mala fide.
Rule 12 of Assam Fishery Rules, 1953 has prescribed that a 60% category fishery is to be settled with special category of Cooperative Societies, Non-Government Organisations and Self Help Groups cons....
Petitioner society is not a new society but a society registered in the year 1959 and there are materials on record to establish that not only the petitioner was considered for settlement of the Fish....
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