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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Ranjit Baruah, Son of Late Purendra Nath Baruah Proprietor of M/s Ranjit Baruah – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Heard Mr. S. Sarma, learned senior counsel assisted by Mr. A. Gautam, learned counsel appearing for the petitioner. Also heard Mr. B. Gogoi, learned Additional Advocate General appearing for the State respondent.
2. By way of this petition under Article 226 of the Constitution of India, the petitioner is assailing the notice inviting for re-tender (e-Tender) No.MCH/2024/948 dated 09.01.2024 for providing annual job contract of Dietary Service to the patient admitted to Assam Medical College Hospital, Dibrugarh issued by the Superintendent, Assam Medical College Hospital, Dibrugarh.
3. The brief facts of the case are that pursuant to a notice inviting for e-Tender through the e-Procurement system for providing an annual job contract for dietary service to the patient admitted to Assam Medical College Hospital, Dibrugarh, bearing No. MCH/2023/25858 dated 03.10.2023 (hereinafter referred to as the first tender), issued by the respondent Nos. 4 and 5, the petitioner, who is a government-registered 1st Class Contractor and Supplier, along with two other bidders, participated in the said tender. Though, in the technical bid, the petitioner qualified; however, the financial bid of
The court emphasized the necessity for transparency in public procurement processes, ruling that arbitrary actions in tender decisions violate procedural fairness and statutory requirements.
Section 14 of Act reads as general rejection of tenders.
Point of law: Tender/Contract – Judicial Review - Equal opportunity granted to all technically qualified bides – No question of violation of fundamental rights.
Tender modifications must be communicated properly to ensure fairness; arbitrary cancellation violates constitutional rights.
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
public authorities must be left with the same liberty as they have in framing the policies - Contracts are legally binding commitments and they commit the authority which may be held to be a State wi....
The main legal point established in the judgment is the need for free play in the joints by the authorities and the interest of public service. The court emphasized the importance of minimal interfer....
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