VERSHA TECHNOTRADE PVT. LTD. Vs. STATE OF ASSAM

JUDGEMENT

(1.) The validity and legality of a tender process in which the petitioner had participated and emerged as the 3rd lowest bidder (L3) is the subject matter of challenge in this petition instituted under Article 226 of the Constitution of India.

(2.) As per the facts projected, the Public Works Department had floated a tender on 29/7/2025 for construction of a Circuit House at Udalguri on EPC mode. The petitioner being interested and claiming to be eligible on all respects had participated in the said tender process. Under Clause 6 (1) of the "Information and Guidelines for Bidders", there was a requirement for a mandatory joint inspection of the site which the petitioner had done on 8/8/2025 and accordingly on 21/8/2025, the petitioner had submitted its bid. On 22/8/2025, the respondent nos. 3 and 4 had also submitted their respective bids. The technical bids were opened on 28/8/2025 when the bids of the petitioner and the respondent nos.3 and 4 were found to be responsive which was followed by opening of the financial bids. In the financial evaluation, the financial bid of the petitioner was found to be the 3rd lowest (L3) whereas the respondent no. 3 was declared to be L1 and respondent no. 4 as L2. The grievance of the petitioner is with regard to the aspect that respondent nos. 3 and 4 had formed a cartel which is in violation of Article 2 (2) (b) of the NIT. It is submitted that the bids by the said respondent nos. 3 and 4 were submitted as a cartel and therefore, the entire tender process stands vitiated and is required to be interfered with.

(3.) I have heard Shri R. Choudhury, learned counsel for the petitioner. I have also heard Shri B. Choudhury, learned Standing Counsel, APWD; Shri T.J. Mahanta, learned Senior Counsel assisted by Shri A. Borua, learned counsel for the respondent no.3 and Shri S.K. Poddar, learned counsel for the respondent no. 4.