AJANTA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D.P. Borah, learned counsel for the petitioner. Also heard Mr. K.P. Pathak, learned counsel for the respondent no.1 and 2 and Mr. A.K. Barua, learned counsel for the respondent no.4. Mr. K. Gogoi, learned counsel appears for the respondent no.3.

(2.) The petitioner's bid for grant of Indian Made Foreign Liquor (IMFL) Retail Off Licence at Ward No.5, Kharupetia Municipal Board (Urban) Shop No. DRG 8 in pursuance to E-Bid Notice bearing Bid Identification No.2023-ED-34088-1 dtd. 20/11/2023 (hereinafter referred to as 'the NIT') issued by the respondent no.3 was disqualified at the Technical Evaluation Stage and as such, she has challenged the same.

(3.) The petitioner's case is that pursuant to an NIT, the petitioner had submitted her Online Bids, both technical and financial on 21/12/2023 with a bid amount of Rs.36,00,000.00. However, as there was no Drop Box for submission of the hard copy of her Technical Bid, the petitioner submitted the same to the dealing assistant of the concerned office, on the last date of submission of bids prior to the deadline i.e. 5 p.m. The petitioner's Technical Bid was however disqualified at the Technical Evaluation Stage on 27/12/2021, on the ground that the petitioner did not submit a hard copy of the Technical Bid, as was required as per the terms and conditions in the NIT. Further, the petitioner did not submit any undertaking as per Clause 6.2.4 and 6.2.7 of the NIT, which are as follows: