NOVO COMPUTING Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been filed in connection with a tender process initiated vide an NIT dtd. 5/3/2024 issued by the Government of Assam, Assam Skill Development Mission for selection of implementing agency for upgradation and customization of IT and MIS system of Assam Skill Development Mission. The grievance of the petitioner is mainly in connection with the deprivation from the benefits under the preferential policy and orders which according to the petitioner, it is entitled to.

(2.) As per the facts projected, the petitioner is a registered partnership firm having registration as Micro Enterprise (Udyam). The Assam Skill Development Mission (hereinafter Mission) had floated the aforesaid NIT dtd. 5/3/2004 with which the petitioner was interested. It is the case of the petitioner that being registered as a micro enterprise, it is entitled to the benefits of the provisions of the Assam Procurement Preference Policy, 2021 and The Procurement Preferential Order, 2017 of the Government of India as well as the Assam Public Procurement Act, 2017. It is projected that the terms incorporated in the tender notice are in violation of the aforesaid preferential provisions and have been termed as arbitrary and unreasonable. It is also the case of the petitioner that there is an obligation on the part of the respondent authorities to ensure that the eligibility conditions do not result in unreasonable exclusion of local suppliers. However, the conditions have been set up to selectively exclude the petitioner from the participation in the tender process.

(3.) I have heard Shri K. Khanna, learned counsel for the petitioner. I have also heard Shri B. Goswami, learned Additional Advocate General, Assam appearing for the respondents.