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2025 Supreme(Gau) 815

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA
Progressive Enterprises – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A. Sharma, Advocate.
For the Respondents:Mr. B. Gogoi, Mr. P.P. Dutta, Advocate.

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

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