SHREE GANESH TRADERS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petitioner has instituted both the writ petitions ' W.P.[C] no. 4980/2022 and W.P.[C] no. 54/2023 ' under Article 226 of the Constitution of India laying challenge to competitive bidding processes initiated for 'Outstanding of Dietary Services' for patients of the institution, Fakhruddin Ali Ahmed Medical College and Hospital, Barpeta ['the FAAMC&H, Barpeta', for short]. While the writ petition, W.P.[C] no. 4980/2022, instituted first in point of time, is relatable to a decision taken by the respondent authorities for cancellation of the bidding process initiated by a Tender Notice [e-Tender] dtd. 27/5/2022 by a Cancellation Notice/Order [e-Tender] dtd. 29/7/2022, the subsequent writ petition, W.P.[C] no. 54/2023 has been preferred seeking setting aside and quashing of a Tender Notice [e-Tender] dtd. 5/8/2022.

(2.) The writ petitioner, M/s Shree Ganesh Traders is a proprietorship firm. It is claimed that it deals inter-alia in providing dietary services. It is stated that it has rendered dietary services at the FAAMC&H, Barpeta for about 11 [eleven] years apart from providing similar dietary services at the Silchar Medical College and Hospital, Silchar ['SMC&H, Silchar', for short]. At the time of institution of the writ petition, W.P.[C] no. 4980/2022, the petitioner had been providing dietary services for patients at the FAAMC&H, Barpeta pursuant to its emergence as the successful bidder in a competitive bidding process initiated in the year 2020.

(3.) The background events leading to the institution of the two writ petitions can be narrated as follows : On 27/5/2022, the Superintendent, FAAMC&H, Barpeta [the respondent no. 5 in both the writ petitions] had published the Tender Notice [e-Tender] of even date inviting e-Tenders on-line through e-procurement system via website ' www.assamtenders.gov.in for 'Outsourcing of Dietary Services' for patients wherever it was deemed fit to cater to the day-to-day requirements of the FAAMC&H, Barpeta. By the Tender Notice [e-Tender], the FAAMC&H, Barpeta intended to enter into a Rate Contract for 1 [one] year with approved licensed dietary service [in both vegetarian and non-vegetarian diet] providers, which can offer Dietary Service as per the terms and conditions contained in the tender documents. The Tender Notice [e-Tender] dtd. 27/5/2022 apart from being uploaded in the e-portal : www.assamtenders.gov.in, was also given wide publicity through Janasanayog.