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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Thakur Das Barman S/o Geda Ram Barman – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. historical factual background of tender disputes and procedural history. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 21) |
| 2. interpretation of tender conditions and whether disqualification criteria must be explicitly stated. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. rejection of bids based on non-stipulated criteria is arbitrary and violates article 14. (Para 22 , 23) |
| 4. consequential directions for setting aside settlement and fresh tender process. (Para 24) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. H Buragohain, the learned counsel appearing on behalf of the petitioner. I have also heard Mr. P Sarmah, the learned Standing Counsel appearing on behalf of the Assam Fisheries Development Corporation Ltd. (for short, ‘the AFDC’) and Mr. SK Goswami, the learned counsel, who appears on behalf of the respondent No.6 in WP(C)No.1215/2023.
2. The two writ petitions are inter-related, and as such, both the writ petitions are taken up for disposal by this common judgment & order.
3. The brief facts which led to the filing of both the writ petitions are that on 14.03.2022, the AFDC issued a Notice Inviting Tender (for short, the NIT), inviting bids for settleme
Contract Work of providing cleaning and sanitation services was awarded to it. By putting in such a condition, the petitioner had sought to alter/modify the condition set forth in the invitation made....
The court established that in matters of public revenue settlements, the highest financial bid must be prioritized unless there are valid and justifiable grounds for rejection that comply with the ap....
The court upheld the cancellation of a tender based on abnormal pricing, emphasizing the need for administrative fairness and the authority's discretion in tender processes.
Rejection of a technical bid based on non-submission of an IT Return not due at the time of bid submission constitutes arbitrary action, violating principles of fair evaluation.
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.
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