BHABA DEV MAHANTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The nature of certain conditions of an Notice Inviting Tender, whether directory or mandatory, has arisen for consideration in this present writ petition with the corollary question regarding the consequence of non-fulfillment of such conditions are the principal issues which have arisen for determination in the instant case.

(2.) The matter pertains to a Notice Inviting Tender (NIT) dtd. 21/12/2020 for four one of packages under SOPD-G for the year 2019-2020 for construction of roads in the BTC area. The petitioner claims to be qualified in all respects and had participated in the bidding process for construction of the road under Package no. SOPD-G-19-2047. The bid of the petitioner was found to be technically responsive. The petitioner could learn that the bid of the respondent no. 6, Shri Pabitra Boro was not complete as the same did not meet the mandatory requirement of Clause 4.3 (f) and 19.2 (a) (iii) of the tender conditions but in spite of the same, the bid of the respondent no. 6 was declared to be technically responsive. Consequently, the Chief Engineer, PWD (R) had issued an impugned letter of acceptance dtd. 26/2/2021 in favour of the respondent no. 6 though, the prize was the same so that of the petitioner.

(3.) When the matter was moved on 5/5/2021, this Court had directed maintenance of status quo till the returnable date. The said order of status quo was, however, extended from time to time.