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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, J.
Progressive Enterprises - Appellant
Versus
The State Of Assam - Respondent
WP(C) 1643 of 2025
Decided on : 24-06-2025
| Table of Content |
|---|
| 1. details of the petitioner’s bid submission and rejection grounds. (Para 1) |
| 2. challenge to bid rejection based on non-submission of required documents. (Para 2 , 3 , 4 , 5 , 6) |
| 3. grounds for bid rejection must match evidence submitted. (Para 7 , 8 , 9 , 10) |
| 4. government's discretion in bid evaluations and challenges. (Para 11 , 12) |
| 5. court's observations on document compliance and contractual obligations. (Para 19) |
| 6. discussion on tender conditions and judicial review principles. (Para 21 , 37) |
| 7. importance of compliance with tender requirements. (Para 30 , 31) |
| 8. analysis of document submission and authority interpretations. (Para 32 , 33 , 34) |
| 9. judicial restraint in tender and contract matters. (Para 39 , 41) |
| 10. the court's final stance on the validity of bid disqualification. (Para 45) |
| 11. final dismissal of the writ petition. (Para 46) |
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. A Sarma, learned counsel for the petitioner. Also heard Mr. B Gogoi, learned Standing Counsel, Health Department as well as Mr. PP Dutta, learned counsel for the respondent No. 7.
2. The petitioner has put to challenge the rejection of the petitioner’s technical bid by the State respondents. The respondent No. 7 has also been declared to be the lowest bidder (L1) by the State respondents, pursuant to the NIT dated 08.01.2025 for supply of Cardiac Monitor with Defibrillator (Q2).
3. The petitioner’s case is that subsequent to the opening of the technical bids on 11.02.2025, the petitioner had been sent an email dated 11.02.2025 requesting for providing the following documents:- 1. Conformity to Manufactures Certification-ISO 9001 & IS0 13485, 2. ECG monitoring- Using 5/6 lead, 3. Bidder Average Turn Over Certificate from CA (last 3 years)-2 Cr, 4. Bidder/OEM (themselves or through resellers) Past Experience (3 Year), 5. USFDA/EU/CE ISO 9001:2015, 13485:2016 Certificate, 6. Declaration for spare part availability, 7. Bidder financial standing certificate.
4. The petitioner thereafter supplied the documents as required in the clarification on 11.02.2025, i.e., on the same day itself.
5. The Technical Bid Committee thereafter held a meeting on 21.02.2025, wherein the bids of three bidders were found to be qualified and the bids of the three other bidders were found to be disqualified. The petitioner’s bid was amongst those disqualified by the Technical Committee during the technical bid evaluation stage on 21.02.2025, due to the following reasons/grounds:
| Sl. No | Name of Participating Bidders and Quoted Make & Model | Whether bidder technically qualifies as per tender clauses (Yes/No) | If no then the reason of disqualification of bidder |
| 6. | PROGRESSIVE ENTERPRISES Make : METSL Model : VITAL WAVE | No | 1. Bidder did not submit Average Annual Turnover for FY 2023-24 2. Bidder did not submit details of skilled & trained service engineers based at Assam. 3. Bidder/OEM did not submit past experience documents. 4. Bidder did not submit EU Certificate. 5. Bidder did not submit financial standing certificate. 6. Bidder did not submit declaration on spare part availability. |
6. The petitioner thereafter submitted a representation dated 24.02.2025 to the Director of Medical Education, Assam stating that all the required documents had been submitted by the petitioner, at the time of uploading/submission of the bids and that they had also provided the clarificatory documents required. The petitioner, while submitting his representation dated 24.02.2025, had also re-submitted the following documents:-
“1. Bidder Average Annual Turnover from CA (last 3 years) 2 Cr: Enclosed.
2. Details of skilled & trained service engineers based at Assam: Enclosed.
3. Bidder’s/OEM’s Past Experience documents: Enclosed.
4. EU CE Certificate: Enclosed.
5. Bidders financial Standing: Enclosed.
6. Declaration on Spare Parts availability: Enclosed.”
7. The petitioner’s counsel submits that in reply to the petitioner’s representation dated 24.02.2025, the State respondents uploaded the rejection of the
Tenderers must comply strictly with bid specifications; non-compliance can justify rejection of technical bids.
Micro and Small Enterprises (MSEs) are exempt from submitting prior turnover documents in public procurement, ensuring equal treatment in tender evaluations.
The main legal point established in the judgment is the requirement for bidders to comply with the bidding documents, including the submission of documents in the specified format. The judgment empha....
The exemption for Micro and Small Enterprises does not apply to the submission of Annual Audited Reports and Income Tax Returns as required by the NIT.
The court upheld the rejection of the petitioner's technical bid due to failure to meet registration requirements, emphasizing limited grounds for judicial review.
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.
Compliance with bidding conditions, specifically the demonstration of minimum average turnover, is crucial for the acceptance of bids in public procurement processes.
Judicial review in tender matters is limited to assessing procedural fairness, not the merits of the tender conditions, which are determined by the tendering authority.
The court upheld the tendering authority's discretion in setting eligibility criteria, emphasizing limited judicial review focused on procedural fairness rather than the merits of the decision.
The court upheld the validity of tender disqualification based on non-compliance with specified documentation requirements, affirming the decision-making integrity of the evaluation committee.
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