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2026 Supreme(Online)(Gau) 12831
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Devashis Baruah, J
MS KAMRUP ENTERPRISE – Appellant
Versus
THE STATE OF ASSAM AND OTHRS – Respondent
WP(C)/2048/2026
For the Appellants/Petitioners: DP Borah
For the Respondents: N Upadhyay
The denial of a mandatory Site Visit Certificate for a tender process, without a supporting clause in the NIT, prima facie violates the fundamental rights to equality and the right to practice a profession or trade under Articles 14 and 19(1)(g) of the Constitution of India.
Headnote:The petitioner challenged the non-issuance of a Site Visit Certificate required for a tender process, asserting that despite visiting the site, the certificate was not provided. The respondents contended that the issuance was delayed due to the Legislative Assembly Election Process and suggested that a certificate from a previous tender process could be utilized. However, the court found that the Notice Inviting Tender (NIT) contained no such clause allowing the use of previous certificates. The court examined whether the failure to grant the Site Visit Certificate effectively barred the petitioner from participating in the tender process. The court observed that such an omission prima facie violates the fundamental rights to equality and the right to carry on trade or business as enshrined in Article 14 and Article 19(1)(g) of the Constitution of India. The interim order passed on 29.04.2026 is extended till the next date fixed.
| Table of Content |
|---|
| 1. procedural history regarding the filing of additional affidavits and site visit evidence. (Para 1 , 2 , 3 , 4) |
| 2. validity of using previous site visit certificates in the absence of specific nit clauses. (Para 5 , 6 , 7 , 8) |
| 3. extension of interim relief to protect fundamental rights under articles 14 and 19(1)(g). (Para 9 , 10 , 11 , 12) |
ORDER
Heard Mr. DP Borah, the learned counsel appearing on behalf of the petitioner. I have also heard Mr. N Upadhyay, the learned Standing Counsel for the Irrigation Department.
2. This Court vide order dated 29.04.2026 has granted the liberty to the petitioner to file an additional affidavit bringing along with the Site Visit Certificate, the Photographs and other documents in respect to the petitioner visiting the Site in the earlier round of the tender process pertaining to the same tendered work.
3. The petitioner thereupon had filed the additional affidavit bringing on record that in pursuance to the Notice Inviting Tender dated 17.11.2025, the petitioner had duly visited the site and Photographs in that regard were brought on record.
4. This Court vide the order dated 29.04.2026 had sought instructions from the respondents as to whether the petitioner has submitted the document which was annexed as Annexure-3 to the writ petition and if so, as to why the petitioner was not provided the Site Visit Certificate.
5. The learned Standing Counsel appearing on behalf of the Irrigation Department submitted that to his instructions, on 01.04.2026 the petitioner duly visited the office of the Executive Engineer and requested for the Site Visit Certificate. However, on account of the Legislative Assembly Election Process being ongoing, no steps were taken for issuance of the Site Visit Certificate to the petitioner. He further submitted that the petitioner already had the Site Visit Certificate in respect to the earlier tender process and the petitioner could have submitted the said Site Visit Certificate along with the petitioner’s Bid.
6. This Court enquired with the learned Standing Counsel, Irrigation Department as to whether in the terms and conditions of the NIT, such a clause is mentioned that a Site Visit Certificate obtained in the earlier tender process could be used for the present tender. Mr. N Upadhyay, the learned Standing Counsel fairly submitted that there is no such clause to that effect.
7. It is the opinion of this Court that what Mr. N Upadhyay, the learned Standing Counsel had submitted be brought on record by way of an affidavit so that the said aspect can be put on record.
8. Mr. N Upadhyay, the learned Standing Counsel submits that such an affidavit would be filed within a week’s time.
9. List this matter again on 18.05.2026.
10. The respondents are directed to file an affidavit in respect to what was submitted by Mr. N Upadhyay, the learned Standing Counsel, Irrigation Department today before this Court.
11. Taking into account that the non-granting of the Site Visit Certificate amounts to not permitting the petitioner to participate in the tender process which prima facie appears to be in violation to Article 14 and Article 19 (1)(g) of the Constitution of India, this Court, therefore, extends the interim order which was passed on 29.04.2026 till the next date fixed.
12. List accordingly.
