GAHC010040102026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1150/2026 MS VIVEK TRANSPORT AGENCY MURGI FARM, BICHLI ADDAN, MOHALLA BICH BAZAR, P.O AND P.S.-

SOHSARAI, DIST-NALANDA, BIHAR-803118. CURRENT BUSINESS ADDRESS- CARE OF - DIPEN BORAH, VILLAGE - TEOKIA, P.O- PANIGAON, MOUZA- TELAHI, DISTRICT - LAKHIMPUR, ASSAM, REPRESENTED BY ITS PROPRIETOR, SHRI VIVEK KUMAR, AGED ABOUT 41 YEARS, SON OF SHRI ANIL KUMAR, PERMANENT RESIDENT OF WARD NO. 3, BICHBAZAR, P.O AND P.S- SOHSARAI, DIST- NALANDA, BIHAR- 803118 VERSUS STATE OF ASSAM AND 3 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT OF ASSAM, FOOD, PUBLIC DISTRIBUTION AND CONSUMER AFFAIRS DEPARTMENT, DISPUR, GUWAHATI-781006

2:COMMISSIONER FOOD PUBLIC DISTRIBUTION CONSUMER AFFAIRS AND LEGAL METROLOGY R.K. MISSION ROAD POST OFFICE - ULUBARI GUWAHATI 781007 DISTRICT KAMRUP (METROPOLITAN)

ASSAM

3:DISTRICT COMMISSIONER LAKHIMPUR NORTH LAKHIMPUR.

4:BID EVALUATION COMMITTEE FOOD PUBLIC DISTRIBUTIO AND CONSUMER AFFAIRS BRANCH LAKHIMPUR DISTRICT NORTH LAKHIMPUR REPRESENTED BY ITS CHAIRMAN I.E.

THE DISTRICT COMMISSIONER LAKHIMPUR NORTH LAKHIMPUR Advocate for the Petitioner : MR. DITUL DAS, MR. B J TALUKDAR Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

26.02.2026 Heard Mr. D. Das, learned counsel for the petitioner and Mr. G. Bakalial, learned Junior Government Advocate, Assam for all the respondents.

2. By a Notice Inviting Tender [NIT] for selection / appointment of handling and transport contractor for transportation of foodgrains under NFSA-2013 of Lakhimpur district, the respondent no. 3 invited e-Tender / bids on 12.01.2026. As per the NIT, the name of the Contract-Work is ‘Transportation of Foodgrains i.e. Rice under NFSA-2013’ and the specification of the Contract-Work is : ‘carrying / loading / unloading of allotted foodgrains i.e. Rice under NFSA-2013 in 2 [two] Tier System – Tier-I [from FCI Godown to GPSS / WCCS Godown] and Tier-II [From GPSS / WCCS Godown to FPS Dealer / Agent] for transportation of delivery up to Fair Price shop level’. The period of the work is during the financial year

2026-2027.

3. As per the schedule of the NIT, a pre-bid meeting was scheduled on 17.01.2016 and bid submission started on 14.01.2026. The last date of bid submission was 04.02.2026 and the technical bid opening date was 05.02.2026.

4. The petitioner, as a proprietor of firm, has asserted that it submitted all the requisite documents listed in the Bid Document along with its bid. After opening of the technical bids on 05.02.2026, the Technical Bid Evaluation Committee evaluated the technical bids of six participant bidders including the petitioner. Upon evaluation of the technical bids, the Committee declared two of the bids as technically qualified and the remaining four bids as technically disqualified due to non-submission of the documents mentioned in the Minutes of the Meeting, held on 06.02.2026. The Committee had further observed that as per Rule 23[16] of the Assam Public Procurement Rules, 2020, the numbers of bidders qualified in technical bid should not generally be less than three to elicit fair comparison of bids. On that count, the Committee decided to process for re-tender within a time duration of fourteen days from the publication of the notice considering the upcoming election urgency and to and to ensure fair competition and transparent appointment of contractors.

5. After such decision, a fresh NIT has been published on 11.02.2026 and the last date of submission of bids in response to the NIT dated 11.02.2026 is 27.02.2026. The technical bid opening date has been fixed on 27.02.2026.

6. Mr. Das, learned counsel for the petitioner has submitted that the reasons for disqualification of the technical bid of the petitioner are clearly illegal and arbitrary. He has submitted that in respect of a similar nature of contract in another district, namely, Biswanath,