Back
2026 Supreme(Online)(Gau) 5782
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Manish Choudhury, J
M/S RIYA MEDICOS AND ANR – Appellant
Versus
THE UNION OF INDIA AND 5 ORS – Respondent
WP(C)/523/2026
For the Appellants/Petitioners: A Ahmed, D Goswami, S Das, R Lakra
For the Respondents: Dy.S.G.I., A Gayan
The court is examining the legality of a government empanelment process where an eligible bidder was excluded without being informed of the reasons for non-selection.
Headnote:The matter pertains to a challenge against the empanelment process for Authorised Local Chemists for CGHS Wellness Centres for the period 2025 to 2028. The petitioner, having submitted an online bid within the stipulated time and enclosing all necessary documents, was neither empanelled nor informed of the reasons for such non-empanelment, whereas other competing parties were successfully empanelled. The primary issue is whether the failure of the respondent authorities to communicate the reasons for the non-empanelment of an eligible bidder is legally sustainable. The court is examining the transparency of the e-Tender process and the administrative action taken by the health scheme authorities. Issue notice, returnable on 09.03.2026.
ORDER
Heard Mr. A. Ahmed, learned counsel for the petitioners and Ms. A. Gayan, learned CGC for the respondent nos. 1 – 4.
The petitioner is a Chemist and Proprietor of M/s Riya Medicos. The respondent no. 3 issued an e-Tender Notice for empanelment of Authorised Local Chemists for CGHS Wellness Centre of Hengerabari [GT-1], Gotanagar [GT-3] and Beharbari [GT-5] under CGHS, Guwahati for a period of three years from 2025 to 2028. Being eligible, the petitioner submitted his bid on-line responding to the e-Tender Notice within the stipulated time period and enclosing all the documents. But, the petitioner has neither been empanelled by the respondent authorities nor he has been informed about the reason for his non-empanelment. On the other hand, the respondent no. 4 has empanelled the respondent nos. 5 & 6.
Issue notice, returnable on 09.03.2026.
As Ms. Gayan has appeared and accepted notice on behalf of the respondent nos. 1 – 4, issuance of formal notice in respect of the said respondents stand dispensed with. The learned counsel for the petitioner shall serve an extra copy of the writ petition along with annexures, to Ms. Gayan within 2 [two] working days from today.
The petitioner shall take steps for service of notice upon the respondent nos. 5 & 6 by speed post with 2 [two] working days from today.
The respondent nos. 1 – 4 shall ensure to file their counter affidavits on the returnable date.
