TRIGYN TECHNOLOGIED LTD. Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has arisen out of a Notice Inviting Re-e-Tender ['the NIReT', for short] in connection with Tender No. RMSA/ICT/237/1306/4457 dated 17.02.2021 issued by the respondent no. 3 i.e. the Mission Director, Samagra Siksha, Assam.

(2.) By this writ petition, the petitioner herein, a company incorporated under the provisions of the Companies Act, 1956, has assailed a decision taken in a meeting of the Technical Committee held on 01.03.2021 in the office of the respondent no. 3 wherein the Technical Committee declared the bid submitted by the petitioner in response to the NIReT dated 17.02.2021 to be non-responsive. The petitioner has sought for setting aside of the said decision taken by the Technical Committee with a further direction to declare the petitioner as a qualified bidder in the Technical Bid submitted by it on 26.02.2021. A direction is also sought for re-evaluation of the Technical Bid of the petitioner and to allow the petitioner to participate in the Financial/Commercial Bid.

(3.) The background facts leading to the institution and necessary for adjudication of the instant writ petition may be adverted to as follows:-