GOURPADA ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. D. Purkayastha, learned counsel for the petitioners. Also heard Ms. U. Das, learned Addl. Senior Government Advocate appearing for the State respondents.

(2.) The petitioners, by way of instituting the present proceeding have presented a challenge to a NIT dtd. 6/3/2024, issued by the Inspector General of Prisons, Assam, more particularly, to the tender conditions at Clause 4 & 44 of the "Additional Terms and Conditions" of the said NIT to the extent that the said clauses has the effect of excluding the petitioners from the said tender process.

(3.) The petitioners, herein, have projected that they are presently supplying dietary articles under various groups to Central Jail, Silchar; District Jails, Hailakandi & Karimganj and Sub-Jail, Haflong since the last two years on the contracts for effecting such supplies being settled with them. It is the contention of the petitioners that during the earlier years, the tenders for supply of dietary articles were being so issued by the authorities of the respective jails. However, by effecting a change in the policy, the Inspector General of Prisons, Assam, proceeded to issue an NIT dtd. 6/3/2024; by amalgamating six prisons i.e., Central Jail, Silchar; District Jails, Hailakandi & Karimganj and the Sub-Jail, Haflong into one zone i.e., Zone-6. The supply of dietary articles for the inmates of the said jails were divided into various groups i.e., Group-A, B, C, D & E. The said NIT under the Additional Terms and Conditions, in Clause-4 by assigning values against each of the Groups involved has mandated that the intending bidder must have minimum Average Annual Turnover for the last three years, equal to the value as assigned for each of the groups involved, along with the stipulation that the bidder should also furnish turnover from similar nature of business certified by the C.A., which should be atleast be 30% of the total turnover. Further, under Clause-44 of the Additional Terms and Conditions of the said NIT, it was stipulated that the tenderer should have minimum three years experience of supply of the quoted items to any Central/State Govt. Organization/PSU/Public Listed Company.