KHAN BROTHERS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. KN Choudhury, learned Senior counsel assisted by Mr. J Patowary, learned counsel for the petitioner. Also heard Mr. D Saika, learned Senior counsel assisted by Mr. B Choudhury, learned standing counsel for the Agriculture Department, Government of Assam.

(2.) The Managing Director of Assam Seeds Corporation Limited (ASC) invited bids in electronic tendering system from eligible bidders for fixation of sale price for supply of Hybrid Seeds (Group-B) on 05.02.2019. The petitioner submitted its bid for the variety of BIO-799 also known as BIO-453 or IET-22919. The Bid Evaluation Committee meeting was held on 02.05.2019 and the bid submitted by the petitioner was found to be responsive. In another meeting of the Bid Evaluation Committee held on 29.05.2019 the bid quoted by the petitioner was evaluated as L-1 price in respect of variety BIO-799. The meeting recommended the bids of other technically qualified tenderers as L-1 in the respective varieties of seeds so quoted by them. The petitioner was supposed to be allotted supply of BIO-799 hybrid paddy variety to the extent of 3000 quintals. But, there was no positive action forthcoming from the respondents whereafter necessary enquiry were made in the office of the respondent No. 3. The petitioner came across copies of the impugned letters of indent dated 20.07.2019 whereby the respondent No. 2 requested the respondent No. 3 to make necessary arrangement for supply of hybrid paddy seeds in respect of varieties of hybrid paddy seeds which were offered by the respondent No. 4 to 9. The said act of allotment of supply order were purely on pick and choose basis inasmuch as no procedure is laid down in the IFB by the respondents as to what would be the criteria in the event of multiple L-1 bidders. Accordingly, the hidden criteria which is not permissible in law applied in the impugned action of the respondents in issuing the indents dated 20.07.2019 is challenged in this writ petition.

(3.) In the writ petition impugned letters of indent No. Agri/ BGREI/ 2016-17 (revalidation)/ Allot Indent/ 6/ Pt/ 2018-19/ 224 dated 20.7.2019, No. Agri/ BGREI/ 24/ 2017-18/ 369 dated 20.7.2019, No. Ari/ RKVY/ 463/ Paddy/ 2017-18/ 474 and No. Agri/ RKVY/ 457/ HPS/ 2016- 17/ 2017-18/ 301 dated 20.07.2019 are challenged. Vide order dated 08.08.2019 this court issued notice of motion, however, it was not inclined to pass any interim order but made an observation that the respondents would ensure that while issuing the work order, a fair and transparent norm is to be followed in case of all bidders including the petitioner. IA (Civil) 3477/2019 was filed on 31.10.2019 by impugning indent dated 25.10.2019 and subsequent one, if any issued.