IMPORTANT POINT
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.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. Hridip Kumar Das, learned counsel, appearing on behalf of the appellant in WA No. 354/2024. Also heard Mr. R. Singha, learned counsel, and Ms. M. M. Kataky, learned standing counsel, Animal Husbandry & Veterinary Department, appearing on behalf of their respective respondents in WA No. 354/2024. None has entered appearance on behalf of respondents No. 8 & 9.

Heard Ms. M. M. Kataky, learned standing counsel, Animal Husbandry & Veterinary Department, appearing on behalf of the appellants in WA No. 27/2025. Also heard Mr. R. Singha, learned counsel, and Mr. H. K. Das, learned counsel, appearing on behalf of their respective respondents in WA No. 27/2025. None has entered appearance on behalf of respondents No. 4 & 5.

2. Since the facts involved in the above-noted writ appeals are identical and in the appeals, the challenge presented being to the judgment & order, dated 23.09.2024, passed by the learned Single Judge in WP(c)3526/2024; both the writ appeals were heard together and are disposed of by this common judgment & order.

3. The appellants, herein, in above-noted writ appeals by way of instituting the present intra-Court appeals, have presented a challenge to the judgment & order, dated 23.09.2024, passed by the learned Single Judge in WP(c)3526/2024, allowing the said writ petition by interfering with the decision of the Tender Evaluation Committee declaring the bid of the respondent No. 1/writ petitioner in both these appeals, to be non-responsive.

4. The brief facts requisite for adjudication of the issue arising in these writ appeals, is noticed as under:

The Director, Animal Husbandry and Veterinary Department, had floated a Notice Inviting Tender(NIT), dated 23.02.2024, inviting bids for the work of construction of new Multicare Hospital including Logistics at Joysagar in Sibsagar District under SOPD-G Scheme.

In pursuance of the Notice Inviting Tender(NIT), dated 23.02.2024, the appellant in WA 354/2024, along with respondent No. 1/writ petitioner and others, had submitted their respective bids. The said Notice Inviting Tender(NIT) laid down a 2-stage evaluation of the bids. Accordingly, the st technical bid of the bidders were considered at the 1 stage by the Tender Evaluation Committee and on such consideration while the bid of the appellant, herein, in WA 354/2024, along with that of respondents No. 8 & 9, therein; were found to be responsive; the bid of the respondent No. 1/writ petitioner was found to be non-responsive on the ground that the labour license as submitted by the respondent No. 1/writ petitioner was valid for Kamrup(Metro) District only.

Being aggrieved by the decision of the Tender Evaluation Committee in holding its bid to be non-responsive; the respondent No. 1/writ petitioner had assailed the said decision by way of instituting before the writ Court a writ petition being WP(c)3526/2024.

The learned Single Judge, upon considering the issues arising in the said writ petition as well as upon hearing the parties to the proceeding, was pleased vide judgment & order, dated 23.09.2024, in WP(c)3526/2024, to allow the writ petition by interfering with the decision of the Tender Evaluation Committee insofar as, the technical bid of the respondent No. 1/writ petitioner, was so considered. On such interference being made; matter was relegated to the Bid Evaluation Committee for arriving at a fresh decision in terms of the determination made in the said judgment & order, dated 23.09.2024.

The operative portion of the said judgment & order, dated23.09.2024, passed by the learned Single Judge in WP(c)3526/2024, being relevant, is extracted hereinbelow:

“ 22. Thus, it is clear from the aforesaid provision that requirement of a labour license is an essential qualification under Clause 2.A.(iii). From the aforesaid discussion, it is also clear that in term