DONYI POLO ENTERPRISE Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petition has been instituted by the petitioners under Article 226 of the Constitution of India to assail a Corrigendum, issued by the Tender Evaluation Committee, constituted by the Director, Welfare of Plain Tribes and Backward Classes [WPT&BC], Government of Assam for evaluation of the bids received in response to an e-Tender Notice dtd. 19/7/2019, whereby, the Technical Bid of the petitioner was declared disqualified on the basis of a letter dtd. 20/9/2019 received from M/s T.T.K. Prestige Limited. Seeking setting aside of the said Corrigendum as well as the Orders, all dtd. 7/3/2020 [Annexure-11 series], whereby, supply orders had been placed for supply of pressure cookers and gas stoves in favour of the respondent nos. 4 - 14, the petitioners have preferred the writ petition. The petitioners have also sought for a direction to the respondent authorities to consider its financial bid by declaring it as the lowest bidder [L-1] in relation to the bidding process initiated by e- Tender Notice dtd. 19/7/2019.

(2.) In order to appreciate the nature of challenge, a brief narration about the previous events leading to the issuance of the impugned Corrigendum appears necessary.

(3.) By an e-Tender Notice bearing Tender no. DW/NIT/765/2019-20/1 dtd. 19/7/2019, the Director, WPT&BC, Assam invited e-tenders from intending bidders and dealers/manufacturers for supply of pressure cookers and gas stoves for ST/OBC beneficiaries on Rate Contract basis, as shown in Annexure-A in the said e-Tender Notice. It was clarified that if the bidder was not a manufacturer, it should have an agreement with the manufacturers of the items authorizing the bidder to participate in the tender process. As per the e-Tender Notice, the last date of submission of tender was 16/8/2019 and the time of bid opening was fixed at 04-30 p.m., 16/8/2019.