Gauhati High Court
Chatradhar Das And 2 Ors vs The State Of Assam And 2 Ors on 29 March, 2019
Author: Ujjal Bhuyan
Bench: Ujjal Bhuyan
Page No.# 1/3
GAHC010064312019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1984/2019
1:CHATRADHAR DAS AND 2 ORS
S/O- LATE PRAFULLA CHANDRA DAS, PROP. OF CD ENTERPRISE, R/O-
AKASHI NAGAR, BAMUNIMAIDAM, GUWAHATI- 781021
2: MITHUN DAS
S/O- NIRANJAN DAS
PROP OF R S ASSOCIATES
H NO. 15
BASISTHA
BAKRAPARA
GUWAHATI- 781029
3: MITHUN KUMAR SANYAL
S/O- LATE SWAPAN KR. SANYAL
PROP. OF MARUTI ENTERPRISE
R/O- BASISTHA CHARIALI
NATUN BAZAR
GUWAHATI- 78102
VERSUS
1:THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISSIONER AND SECRETARY, ELEMENTARY
EDUCATION, DISPUR, GUWAHATI- 06
2:ASSAM SARBA SIKSHA ABHIYAN MISSION
REP. BY THE MISSION DIRECTOR
KAHILIPARA
GUWAHATI- 19
3:MIN OF HUMAN RESOURCE DEVELOPMENT
REP. BY THE SECRETARY
DEPTT OF SCHOOL EDUCATION AND DEPTT
SHASTRI BHAWAN
NEW DELHI- 11011
Page No.# 2/3
Advocate for the Petitioner : MR. S K GOSWAMI
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 29-03-2019 Heard Mr. S.K. Goswami, learned counsel for the petitioners and Mr. D. Mazumdar, learned Senior Counsel and Additional Advocate General, Assam assisted by Mr. S.P. Bhattacharjee, learned Standing Counsel, Elementary Education Department, Govt. of Assam and Sarba Siksha Abhijan (SSA).
On 25.03.2019, the following order was passed:-
"Matter relates to Invitation for Expression of Interest for empanelment of vendors for supply of uniform to children of elementary classes from Class-I to Class-VIII. Assailing the invitation for expression of interest dated 06.03.2019, Mr. Goswami submits that by the said invitation only manufacturers having composite textile mills/manufacturer of textile having annual turnover of Rs.100.00 crore per year for the last 3 years have been made eligible. He submits that this is contrary to the guidelines issued by the Central Government as well as by the SSA itself including the one date 14.02.2018 whereby it was decided that purchase and distribution of uniform would be done in a decentralized manner with the School Management Committee and that procurement of uniform should be made under limited tender. It was also laid down that School Management Committee should finalise the design of the uniform and prepare the order accordingly as per size of the children with proper measurement. Therefore, making only manufacturers of textiles or composite textile mill owners having minimum annual turnover of Rs.100 crores eligible is a complete departure from laid down norms which would exclude interested local bidders like the petitioners. Mr. Bhattacharjee, learned Standing Counsel shall obtain instruction as to why such departure has been made. Till the next date, the bids received pursuant to Invitation for Expression of Interest dated 06.03.2019 shall not be opened. List on 29.03.2019."
Today when the matter is called upon, Mr. Mazumdar submits that objective of the scheme is to provide two sets of stitched uniform for 37,23,700 students studying in Page No.# 3/3 Government Schools in the State of Assam from Class-I to Class-VIII. By the invitation for expression of interest, only empanelment of vendors for supply of uniform is contemplated. This is to ensure that there is uniformity in the standard of dress material across the State. At the time of stitching of uniform, local vendors will certainly come into the picture. The entire scheme is intended for the benefit of students and all other things are secondary.
On the other hand, Mr. Goswami submits that the entire objective of the scheme is to decentralize the decision-making so that all stakeholders are involved. But the impugned tender is to the contrary. He submits that similar invitations for expression of interest have been interfered with by the Courts in other States.
Be that as it may, Court is of the view that since the issue involved has substantial public interest, a detailed but expeditious adjudication is called for.
Issue notice, returnable four weeks.
Mr. Bhattacharjee accepts notice on behalf of respondent Nos.1 and 2 whereas Mr. K.K. Parashar, learned Central Govt. Counsel appears for respondent No.3.
Extra copies within three days.
Let the respondents file affidavit within two weeks from today whereafter petitioners may file their rejoinder within a week. Thereafter case be listed on 09.05.2019.
In the meanwhile, respondents may process the bids received pursuant to invitation for expression of interest dated 06.03.2019 but shall not issue the final work order.
A copy of this order be furnished to Mr. Bhattacharjee for doing the needful.
List accordingly.
JUDGE Comparing Assistant