MANAKSIA ALUMINIUM COMPANY LTD. Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) As the matter is of some urgency, this writ petition even though an affidavit on behalf of the State respondents is not yet on record, the same is being disposed of today itself as the last date for submission of bids is fixed on 15/10/2024 at 2 PM.

(2.) The writ petitioner which is a registered company being aggrieved with the impugned Notice Inviting Quotation (NIQ) dtd. 10/9/2024, calling for bids for supply of Aluminum Roofing Sheets on the ground that the general terms and conditions as contained in the NIQ have limited the bidding to local entrepreneurs only is before this Court assailing the same.

(3.) Mr. Philemon Nongbri, learned counsel for the petitioner has submitted that the NIQ at clauses 1, 3, 6, and 13 has prescribed conditions wherein clause 1 restricts the bidders to local entrepreneurs having their manufacturing units in the State of Meghalaya, clauses 3 and 6 that all quotationers be registered with the Meghalaya Industrial and Investment Promotion Policy, 2024 and clause 13 that non-tribal quotationers, should furnish Trading license from the concerned District Council, which he contends has restricted eligible firms such as the petitioner from participating, thereby denying reasonable opportunity, which is in violation of Article 14 and 16 of the Constitution of India. It is further submitted that the respondents in the NIQ have inserted these conditions which are arbitrary and discriminatory and the same is not in line with the earlier quotations in the past years for the same product, inasmuch as, in clause 3 of the financial bid, it has been stated that the provision of clause 8 (i) of the Meghalaya Procurement Preference Policy for Micro and Small Enterprises, 2020 shall apply, and that the decision of the tender committee will be final, whereas the said item i.e. Aluminum Roofing Sheets is not a reserved item only for MSME bidders as per the website of the Ministry of Micro, Small and Medium Enterprises.