O R D E R

07.01.2021 Heard Mr. N Deka, learned counsel for the petitioner, Mr. PN Goswami, learned counsel for the respondent Nos. 1, 2 and 3 as well as Mr. KP PAthak, learned senior counsel for the respondent No.4.

2. The petitioner, who is a first class contractor having wide experience in carrying food grains under the Food Corporation of India is aggrieved by the Clause 20(l) of the Tender Notice No.ATC/SM/13/2020/1028-33 dated 05.10.2020 issued by the Assam State Textbook Production and Publication Corporation Limited. The purpose of the tender notice is for inviting online bids from the registered carriers for carriage of free textbooks for academic session 2021 for class-Ka Shreni to class VIII and from class-IX to class XII from the central store at Bonda to different educational blocks in the State of Assam as well as to the different Inspectorates of Schools in Assam. It is stated that there is an urgency in respect of the aforesaid contract work inasmuch as, the textbooks are required to be delivered to the institutions concerned from 15.01.2021 onwards.

3. We understand the urgency of the Assam Textbook Corporation to the extent that these textbooks will be used by the students whose academic session is likely to begin from the month of January, 2021 onwards. From the said point of view, the balance of convenience would be in favour of the Corporation for an early allotment of the contract work, as well as, if it is not so done, the students of the institutions who are the ultimate beneficiaries of the textbooks would suffer irreparable loss.

4. Clause 20(l) of the bidding document is extracted as below:-

“20.(l) Bidder must have work experience of books carrying for three years in Govt. Department/Semi Govt. Department and Govt. Undertaking organization of work value minimum 4 crore and produce timely completion certificate of the work.”

5. Clause-20(l) inter-alia provides that the bidder must have work experience of transporting books for three years in any Govt. Department/Semi Govt. Department or Govt. Undertaking organization with a work value minimum rupees 4 crores. The petitioner is aggrieved to the extent that the petitioner has wide experience in carrying food grains and is of the view that the experience of carrying food grains would be sufficient to meet the requirement of a work experience of transporting books. Accordingly, a contention is raised that Clause-20(l) of the terms and conditions of the bidding document is arbitrary and requires interference.

6. Instead of following the technicalities of the law as regards the maintainability of a writ petition assailing the terms and condition of a contract, which otherwise would be the prerogative of the authority issuing the tender, we take note of one submission by the petitioner that by restricting the work amongst the bidders having experience of transporting books, a monopoly is sought to be created to the extent that only the respondent No.4 would be the bidder who would meet such requirement.

7. We do not go into the merit of such contention, but we only take note of the submission that a monopoly is sought to be created and it is the petitioner who by his experience of carrying food grains can break the monopoly. Accordingly, we require the petitioner to submit a representation before the respondent Assam State Textbook Production and Publication Corporation Limited by tomorrow at 10.00 a.m and the respondents will make it conducive to receive such representation that may be submitted by the petitioner. On such representation being submitted, the petitioner be also given a personal hearing to present his case that his experience of carrying food grains would also be sufficient experience of transporting textbooks and that he has expertise to do so.

8. Upon such representation being filed and the hearing been given, a reasoned order be passed. If the respondents are of the view that the experience of carrying food grains would also meet the requirement