SUBHADARSINI SUPPLY AGENCY Vs. STATE OF ORISSA

JUDGEMENT

(1.) NORMALLY , a writ petition is disposed of by a reasoned order and the practice of delivering the concluding paragraph and giving detailed reason in separate sheet is not usually adopted. In the present case, taking note of the immediate and urgent requirement to effect the purchase of medicines, chemicals and instruments & equipments for livestock, we had delivered the concluding part of the judgment on 14.12.2011 and are now delivering the detailed judgment giving reasons for our conclusion on the contentious point that is formulated in this case.

(2.) THIS Writ Petition has been filed for quashing the Tender Call Notices under Annexures 1, 2 and 3, and tender documents under Annexures 4, 5 and 6 on the ground that those are bad, illegal and violative of Wednesbury principles of reasonableness and Article 14 and 19(1)(g) of the Constitution of India as well as the Government Circulars under Annexures 7 and 8. The further prayer of the petitioners is for a direction to opposite party No.1 to first settle the Terms and Conditions of Tender keeping in view the Wednesbury principles of reasonabless and Article 14 of the Constitution of India and thereafter issue fresh tender call notice in a reasonable and rational manner so as to have a transparent tender process providing wider participation of tenderers and pass such other order(s) as deemed fit and proper in the bona fide interest of justice and fair play.

(3.) PETITIONERS in the present case are registered dealers having up -to -date VAT and IT clearance certificate and are desirous of participating in tender call notice published in The Samaja/The New Indian Express on 19.07.2011 issued by opposite party No.2 separately inviting sealed tenders in the prescribed form from manufacturers/authorized distributors / authorized agencies/authorized representatives having valid registration of the product for supply of medicine, chemicals and instruments and equipments for the year 2011 -12 for Veterinary institutions under Directorate of Animal Husbandry and Veterinary Services, Orissa. In all the three tender call notices, it has been stipulated that the tenderers who would qualify in the technical bid would be intimated through the Department website to attend the date of opening of price bid. According to the petitioners, the present tender call notices issued for the years 2011 -12 suffer from various irregularities and the terms and conditions of said notices are full of ambiguities and have been inserted only with a view to favour a particular tenderer and deprive / debar others from participating in the tender process through transparent manner.