JUDGMENT & ORDER

[1] Heard Shri B.P.Sahu, learned Senior Advocate appearing for the petitioner while Shri S. Nepolean, learned GA for the State respondents, Shri H.S. Paonam, learned Senior Advocate for respondent No. 3 and Mr. M. Gunedhor, learned Advocate for respondent No. 4.

[2] The above two writ petitions have arisen out of a set of similar facts and therefore the same are being disposed of by this common judgment and order.

WP(C) No. 252 of 2020

[3] By the instant writ petition, the petitioner has prayed for issuing a writ of certiorari or any other appropriate writ to quash and set aside the orders/ letters dated 09.04.2020 issued by the State respondents and also to direct the respondents to float a fresh tender as per corrigendum dated 21.06.2019 with the amended provisions of RFP dated 29.05.2019 by quashing and setting aside the tender process.

[4] The petitioner is in the business of manufacturing Micronutrient Fortified Energy Dense Food, Baby Powder and has executed many supply works of Micronutrient Fortified Energy Dense Food in various departments of the Government of Assam during the last many years.

[5.1] Facts and circumstances as narrated in the writ petition, are that the Director, Social Welfare, Government of Manipur issued a Tender Notice dated 29-05-2019 inviting bids from competent and eligible manufacturers having requisite infrastructure, plant and machineries, technical expertise and engaged in manufacturing of Micronutrient Blended Energy Dense Food in accordance with the guidelines issued by the Government of India and it was followed by a Request For Proposal (hereinafter referred to as the RFP=) dated 29.05.2019 containing the terms and conditions thereof. The last date for submission of bids was fixed at 3:00 pm of 25.06.2019, while the time of opening of Technical bids was fixed at 3:30 pm of the same day.

[5.2] The said RFP contained many clauses which did not follow the guidelines of the Central Vigilance Commission (CVC) and the Government of India. Being aggrieved by the RFP dated 29-05-2019, the petitioner filed a writ petition being WP(C) No.499/2019 praying for quashing it. When it was listed on 19.06.2019, this Court was pleased to direct that the matter be listed on 26.06.2019 with a further direction that the respondents should not open the Technical bids till 26.06.2019.

[5.3] During the pendency of the said writ petition, the Director, Social Welfare, Government of Manipur issued two corrigenda dated 21.06.2019 making certain amendments in various clauses of the RFP and since the prayer of the petitioner had been granted by the State respondents, the last date of submission of tender was fixed at 3:00 pm on 04.07.2019 and the time of opening Technical bids at 3:30 pm of the same day. When the said writ petition was listed on 26.06.2019 as directed by this Court, the said writ petition was withdrawn with a liberty to file a fresh petition, if so advised. After the disposal of the said writ petition, the State respondents further modified para 4(i) of the RFP. The petitioner submitted a representation dated 01.07.2019 to the Director of Social Welfare, Government of Manipur regarding the clarification of the last 3 financial years as contained in the corrigendum dated 29.06.2019 with a request to make certain changes therein and to extend time for submission of the bids by a week, followed by another representation dated 06.02.2020 requesting it to furnish the status of the tender process.

[5.4] The petitioner learnt that the contracts had been awarded to M/S Rausheena Udyog Private Ltd., Guwahati, Assam and M/S Continental Milkose Private Ltd., Noida, Uttar Pradesh, the respondent Nos.3 & 4 respectively herein vide orders/ letters dated 09.04.2020 without following due procedure and assigning any reason whatsoever and by issuing a back dated order which came to the knowledge of the petitioner only in the 3^rd week of May, 2020. Being aggrieved by the said orders/ letters dated 09.04.2020,