REAL MAZON INDIA LTD. Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE challenge in the constitutional attire, as the instant proceeding evinces, is mounted against the tender process initiated by the Transport Department of the State for selection of an eligible manufacturer to produce High Security Registration Plate (hereafter also referred to as the HSRP) for all types of vehicles. The assailment is spurred principally by the impugned corrigenda dated 26/12/2006, 6/1/2007 and 16/1/2007 which while insisting on the Conformity Of Production Certificate (hereafter referred to as the COP) as a condition of eligibility for participation therein deleted the covenants pertaining to experience, expertise and exposure of the bidders in the enterprise of manufacture/production of the said plates as well as the earmarked percentage of turnover from such business demonstrating their eligibility for being considered for the proposed settlement. The petitioner perceives the impugned prescriptions embodied in the corrigenda as well as an annihilation of the essential conditions of tender for the HSRP contrary to the ratio decidendi in Association of Registration Plates v. : AIR2005SC469 and the guidelines to the said effect formulated by the Central Government. This Court by its order dated 19/1/2007 while issuing notice restrained the State authorities from proceeding further with the exercise.

(2.) I have heard Mr. PK Goswami, Sr. Advocate assisted by Mr. Satyan Sharma, Mr. Arunabh Choudhury, Mr. J. Deka, Mr. A. Sharma and Mr. TK Bhuiyan, Advocates for the petitioner, Mr. N. Dutta, Sr. Advocate assisted by Mr. AK Bhuyan, Advocate for the State respondents, Mr. DK Mishra, Sr. Advocate assisted by Ms. Shamima Jahan, Advocate for the respondent No. 5 and 6 and Mr. D. Das, Advocate for respondent No. 8 and 9. Though an affidavit has been submitted on behalf of the respondent No. 4, none appeared to conduct the proceedings on its behalf.

(3.) THE petitioner has maintained that in order to curb the growing menace of crime rentable more particularly to the terrorist activities employing motor vehicles to serve their diabolical ends, the Central Government in its wisdom on the advice of the concerned Technical Committee evolved a new scheme of HSRP consequent whereupon Rule 50 of the Rules was amended by the notification dated 23/8/2001. To fulfill the requirements of the said scheme, the Central Government issued notifications dated 22/8/2001 and 16/10/2001 as well which not only regulated the same but also ensure that the avowed objective of safeguarding and enhancing public safety and security is essentially achieved.