Gauhati High Court
M/S. Merolyn Engineering Works Pvt. ... vs The State Of Assam And 4 Ors on 5 June, 2020
Author: Manojit Bhuyan
Bench: Manojit Bhuyan
Page No.# 1/3
GAHC010078602020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2337/2020
1:M/S. MEROLYN ENGINEERING WORKS PVT. LTD. AND ANR.
A LTD. COMPANY AND LEAD PARTNER IN MEROLYN- ANANDA JOINT
VENTURE HAVING ITS REGD. OFFICE AT 4/6 FORESHORE ROAD,
HOWRAH- 711103, WEST BENGAL
2: JINTUMONI TALUKDAR
S/O- SRI ANIL TALUKDAR
R/O- BHAGADUTTA PATH
MOTHER TERESSA ROAD
GHY-2
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY COMM. AND SECY. TO THE GOVT. OF ASSAM, TOURISM DEPTT.,
DISPUR, GHY-6
2:THE DIRECTOR OF TOURISM
GOVT. OF ASSAM
GHY-1
3:THE ASSAM TOURISM DEVELOPMENT CORPORATION
REP. BY ITS CHAIRMAN
ASOM PARYATAN BHAWAN
A.K. AZAD ROAD
PALTAN BAZAR
GHY-08
4:THE MANAGING DIRECTOR
ASSAM TOURISM DEVELOPMENT CORPORATION
ASOM PARYATAN BHAWAN
A.K. AZAD ROAD
PALTAN BAZAR
GHY-08
Page No.# 2/3
5:THE FMC- RELEMECH- AAAD
CONSORTIUM
HAVING REGD. OFFICE AT HOUSE NO. 59A
BYE LANE NO. 1
GANDHI BASTI
GHY-03
DIST.- KAMRUP
ASSA
Advocate for the Petitioner : MR. K N CHOUDHURY
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANOJIT BHUYAN
ORDER
05.06.2020 Heard Mr. K.N. Choudhury, learned senior counsel representing the petitioner as well as Ms. M. Bhattacharjee, learned counsel representing respondent nos.1 and 2.
Grievance expressed is in respect of steps taken by the concerned respondents to award the contract in question in favour of respondent no.5. For the moment, it is alleged that the marks shown to have been secured by the respondent no.5 in the Technical Evaluation has been done by ignoring the Evaluation Matrix specified under the Bid Evaluation Criteria.
Mr. Choudhury submits that the award of 57.75 marks in favour of the respondent no.5 in the Technical Evaluation is on subjective evaluation rather than on objective criteria. Clearly, any anomaly in the Technical Evaluation would necessarily go into the root of the matter affecting any action of the State respondents.
Let Notice be issued.
Extra copies of writ petition be furnished to Ms. Bhattacharjee.
Petitioner shall take steps on respondent nos.3, 4 and 5 by registered post, acknowledgement due within 5 (five) days. Additionally, the petitioner shall also take steps by dasti mode on respondent nos.3 and 4 so as to expedite the hearing process of the writ petition. Ms. Bhattacharjee shall also Page No.# 3/3 requisition the records pertaining to the selection made pursuant to the Notice Inviting Bid dated 29.01.2020, more particularly, the records pertaining to the Technical Evaluation made in respect of respondent no.5 as well as that of the petitioner.
List again on 24.06.2020.
Status quo as obtaining today shall be maintained by all concerned.
JUDGE Comparing Assistant