AMAL CHANDRA BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.D. Das, senior counsel, assisted by Ms. B.B. Hussain and Mr. H.R. Das, learned counsel for the petitioner, Ms. P.R. Mahanta, learned Standing counsel for the Higher Education Department, representing respondent nos. 1 to 4 and Mr. D.J. Boro, learned counsel for the respondent no.5.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the work-order no. JIST/TMC/2022/566 dtd. 26/6/2023, for hiring buses on contract basis, issued by the Principal, Jorhat Institute of Science and Technology, Jorhat (JIST for short) (respondent no.4) issued in favour of respondent no.5.

(3.) The case of the petitioner is that he is the owner of 2 (two) numbers of buses, which was provided on hire to the JIST upto 31/7/2023. On 28/3/2023, the respondent no.4 had issued notice inviting tender (NIT for short) for awarding contract for hiring of buses, with stipulation that the vehicles offered should not be older than more than 5 (five) years and should not have more than 30-35 seating capacity. The said NIT was assailed by the petitioner by filing a writ petition before this Court, which was registered as W.P.(C) 2283/2023. The said writ petition was disposed of by order dtd. 3/5/2023 by directing the respondent nos. 3 and 4 to dispose of the representation dtd. 4/4/2023, submitted by the petitioner. Accordingly, the Tender Committee took a resolution dtd. 8/5/2023 to the effect that the age of the bus cannot be more than 3 (three) years.