AVON CYCLES LIMITED Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal mounts a challenge to the judgment and order dated 25.2.2011 rendered in WP(C) No. 324/2011 negating the Appellant/writ Petitioner's impingement of the process initiated by the Notice Inviting Tender (for short, hereinafter referred to as 'the NIT') dated 20.11.2010 for procurement of 35,086 or more ladies bicycles as well as the order dated 10.1.2011 issued by the Director of Elementary Education, Assam awarding the contract therefore in favor of the Respondent No. 3 herein.

(2.) I have heard Mr. GN Sahewalla, learned senior counsel for the Appellant/writ Petitioner; Mr V.M. Thomas, learned Standing Counsel, Education Department, Govt. of Assam and Mr SN Sarma, learned senior counsel assisted by Mr UK Nair and Mr A Sarma, Advocates for the Respondent No. 3.

(3.) The facts in bare essential have to be recited to better comprehend the rival submissions. A NIT bearing No. EE(Plan)114 dated 20.11.2010 was issued by the Director of Elementary Education, Assam, Guwahati inviting bids for the aforementioned supply. The bidding document furnished in connection therewith mentioned inter alia the last date and time of submission of Bids and opening of the Technical Bids to be 29.11.2010 up to 1400 Hrs. and 29.11.2010 at 1530 Hrs. respectively. The bid document disclosed that the date and time of opening of the commercial bids would be intimated to the qualified Bidders by the Purchaser on the date of opening of the Technical Bid or on any subsequent date either through fax or letter. In Chapter-D under Section-II carrying the instructions to the bidders the relevant steps pertaining to Bid opening and evaluation were set out in succession. Clause 19.1 prescribed that the Purchaser would open all the Technical Bids in presence of the Bidders' representatives who choose to attend as per the schedule given in the invitation for Bids. Under Clause 19.2 the Bidders' representatives present at the time of opening of the technical bids were required to sign a register evidencing their attendance. Clause 19.5 enjoined that the Commercial Bids would be opened after the evaluation of the Technical Bids on the date, time and place to be notified and the Purchaser at its discretion might call the responsive bidders to read out their price.