DAVID ZOHMACHHUANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) By this writ petition the petitioner is challenging the validity and legality of the recommendation of the State Purchase Advisory Board (in short SPAB) in its meeting held on 12.2.2013 recommending for issuing fresh tender for procurement of High Protein Soya Noodles.

(2.) Heard Mr. C.Lalramzauva, learned senior counsel assisted by Mr. A.R. Malhotra, learned counsel for the petitioner as well as Mr. A.K. Rokhum, learned Addl. Advocate General, Mizoram for the State respondents.

(3.) Pursuant to the Tender notice dated 3.10.2011 floated by the Department of Social Welfare Department, Govt. of Mizoram inviting tender for supply of High Protein Soya Noodles for Aizawl and Lunglei areas. The petitioner also participated in the said Tender bids alongwith 3 (three) others. The bids were opened on 28.10.2011 in the presence of the Tenderer/representative and thereafter comparative statement was prepared for consideration by the SPAB. In the comparative statement all the tenderer except A.R.T. Industry, Zuangtui, Aizawl are shown to have fulfilled the terms and conditions of the NIT. From the said comparative statement it is seen that one firm namely Zo Cereal Product, Vaivakawn, Aizawl had offered the lowest bid. The petitioner firm namely, M/S Z.D Food Products, Zuangtui has offered the second lowest rate and the 3rd tenderer, i.e A.R.T. Industry, Zuangtui, Aizawl was shows to be the 3rd lowest tenderer. However, in respect of A.R.T. Industry, Zuangtui violation of some clauses of the NIT was also reflected. The other tenderer i.e. Lacto Noodles, Zuangtui, Aizawl was shown to have offered the highest rate and is shown to have fulfilled all the terms and conditions of the NIT. The SPAB held its meeting on 16.01.2012 to consider the said tenders as reflected in the comparative statement and decided/recommended that the quotation for procurement of High Protein Soya Noodles may be re-tendered on the following grounds :-