BENJAMIN LALRINAWMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The writ petitioner, Proprietor of M/s Musicatto has filed the present writ petition challenging the report of the Technical Committee (Annx. F to the writ petition) recommending that the tenders submitted by Musicatto is invalid and for directing the respondents to ignore/waive the minor/trivial/ deviations, if necessary by allowing the petitioner to correct the same and to consider their rates before finalizing the tender process.

(2.) The brief fact leading to filing of the present writ petition is that the Secretary, Government of Mizoram, Education and Human Resource Development (School Education) issued a tender notice dated 14.11.2003 inviting tender from reputed and bonafide manufacturer or authorized dealers for the supply of Laboratory Equipments andChemical Apparatus for Higher Secondary and Government High School during 2003-2004 fixing 8.1.2004 up to 12.30 p.m. as the last date and time for submission of the tender and 1 p.m. of the same date for opening of the quotations. An addendum dated 3.12.2003 was issued by the Under Secre tary to the Government of Mizoram giving further terms and conditions to the NIT dated 14.11.2003. The petitioner submitted the tender pursuant to the said tender notice on 8.1.2004 along with 21 other tenderers, which were open on the same date at 1.00 p.m. The Technical Committee constituted for the purpose of scrutinizing the tender papers submitted by all the tenderers including the writ petitioner scrutinized the same and found that tender submitted by the petitioner was invalid as dealership certificate was not enclosed and the tender was not submitted in the prescribed form. The tender paper of another firm namely Steven Sons was also found to be invalid on the aforesaid grounds and also on the ground that the tribal certi ficates submitted by that firm was not issued in the name of the proprietor. The petitioner therefore, has filed the present writ petition challenging the decision of the technical committee in declaring the tender paper submitted as by the petitioner is invalid and also praying for allowing them to correct the tender papers and/or to ignore the mistakes.

(3.) I have heard Mr. M. Zothankhuma, learned counsel for the petitioner and also the learned Advocate General assisted by Mr. N. Sailo, learned Govt. advocate appearing on behalf of the respondents.