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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MANISH CHOUDHURY
Jinku Enterprise, Rep. by its Proprietor, Mohiuddin Ahmed, S/o. Late Amiruddin Ahmed – Appellant
Versus
State of Assam, Rep. by the Commissioner and Secretary to the Government of Assam – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
This writ petition under Article 226 of the Constitution of India is preferred by the petitioner assailing a decision taken by the Technical Evaluation Committee on 22.02.2024 in connection with a bidding process initiated by an e-Tender Notice dated 11.01.2024 in so far as the Technical Bid of the petitioner is concerned. The Technical Evaluation Committee by its decision dated 22.02.2024 had inter alia disqualified the petitioner on the ground that the technical bid submitted by the petitioner was not conformity with Clause 13[p] of the Bidding Document.
2. By an e-Tender Notice published by the respondent no. 2, bids were invited in two-bids [Technical Bid and Financial Bid] system through e-Procurement system for ‘Empanelment of Manufacturers/Suppliers for supply of Handloom & Handloom Accessories to the beneficiaries under various schemes of Government of India and Government of Assam’, implemented by the Directorate of Handloom & Textiles, Assam. In the Bidding Document, the last date of submission of bids was mentioned and the manufacturers/suppliers were directed to submit their technical and financial bids on-line as per the time schedule.
3. Th
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.
Micro and Small Enterprises (MSEs) are exempt from submitting prior turnover documents in public procurement, ensuring equal treatment in tender evaluations.
The court upheld the rejection of the petitioner's technical bid due to failure to meet registration requirements, emphasizing limited grounds for judicial review.
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.
Medium enterprises are not entitled to Earnest Money Deposit exemption under government rules, highlighting the necessity for proper MSME classification in tender processes.
Tenderers must comply strictly with bid specifications; non-compliance can justify rejection of technical bids.
Income tax returns are distinct from average annual financial turnover; MSE exemption does not apply to income tax return requirements in tender documents.
The requirement for bidders to have a minimum number of experienced Biomedical Engineers on Payroll is essential for eligibility in tender processes, and the court respects the discretion of the Bid ....
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 affirmed that eligibility criteria in tender processes must be adhered to strictly, and non-compliance disqualifies bidders from preferential treatment under procurement policies.
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