Gauhati High Court
Nacof - Itas Consortium vs The State Of Assam And 7 Ors on 6 January, 2020
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/4
GAHC010003322020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 117/2020
1:NACOF - ITAS CONSORTIUM
HAVING ITS REGD. OFFICE AT HOUSE NO. 7, 3RD FLOOR, MASID GALI,
SREENAGAR PATH, GUWAHATI- 781005.
VERSUS
1:THE STATE OF ASSAM AND 7 ORS.
REP. BY THE ADDL. CHIEF SECY., GOVT. OF ASSAM, DEPTT. OF FOOD,
CIVIL SUPPLIES AND CONSUMER AFFAIRS, DISPUR, GHY.-06.
2:THE SECY. TO THE GOVT. OF ASSAM
DEPTT. OF FOOD
CIVIL SUPPLIES AND CONSUMER AFFAIRS
DISPUR
GHY.-06.
3:THE MANAGING DIRECTOR
ASSAM FOOD AND CIVIL SUPPLIES CORPORATION LTD.
KHANAPARA
GHY.-22.
4:THE GENERAL MANAGER
ASSAM FOOD AND CIVIL SUPPLIES CORPORATION LTD.
KHANAPARA
GHY.-22.
5:THE EVALUATION / SCRUTINY COMMITTEE
FOOD
CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT.
DISPUR
GHY.-06
REP. BY ITS CHAIRMAN.
6:AGAM PHARMACEUTICALS
Page No.# 2/4
PANBAZAR
GHY.
7:ARUNACHALA IMPLEX PVT. LTD.
CHAMBU CHETTY STREET
CHENNAI.
8:ENVIRONMENTAL TECHNO
SHANTI NIKETAN APARTMENT
CHURCH ROAD
AGRA - 281001
Advocate for the Petitioner : MR D DAS
Advocate for the Respondent : GA, ASSAM
BEFORE
THE HON'BLE MR JUSTICE PRASANTA KUMAR DEKA
ORDER
06. 01. 2020 Heard Mr. D Das, learned Senior counsel assisted by Mr. J Patowary, learned counsel for the petitioner. Also heard Ms. D D Barman, learned Additional Senior Government Advocate for the State respondents.
The respondent No. 4, the General Manager, Assam Food & Civil Supplies Corporation issued tender notice No. AFCSCL.3/2019/Pt/349 inviting tender for supply of sugar for distribution through Targeted Public Distribution System in Assam to the tea garden beneficiaries. The tender was in two bid system i.e. technical and financial bid. The petitioner NACOF-ITAS Consortium entered into an agreement amongst its constituent for joint participation in the said tender process. The clause (m) of the General Terms and Conditions of the tender stipulates bidders who are blacklisted or debarred by any Govt. or Govt. agency are not eligible to file the tender. If such bidder files 'benami tender' the tender shall be liable Page No.# 3/4 to be rejected and EMD shall be forfeited.
The petitioner firm was blacklisted by the Managing Director, Odisha State Medical Corporation Ltd. for 3 (three) years in a tender process due to fault on the part of the Principal Manufacturer for supply of Mother and Baby kit (Sampurna Kit). The said order dated 21.02.2019 was put to challenge before the Odisha High Court of Odisha whereafter vide order dated 12.03.2019 the same was reduced to the period of 1 (one) year from the period of 3 (three) years. Subsequently, in the Review Petition No. 120/2019 in the said WP(C) 5684/2019 it was directed that the said order of black listing would apply only for the State of Odisha.
The petitioner also participated in the NIT dated 11.07.2019 issued by the Social Welfare Department, Government of Assam for supply of medicine kit under ICDS project. Similar clause was also stipulated in clause 3 thereof. The petitioner participated in the tender process and though made disclosure about the Odisha blacklisting, the said Social Welfare Department accepted the bid of the petitioner as technically responsive. In the present case in hand pursuant to the submission of the tender, the Evaluation and Scrutiny Committee on 03.01.2020 rejected the technical bid of the NACOF ITAS Consortium wherein the petitioner is also one of the party. The said order is put under challenge in this writ petition. In the interim, the learned Senior counsel for the petitioner sought for a direction to the respondents to consider the price bid of the petitioner NACOF ITAS Consortium firm inasmuch as vide order dated 03.01.2020 the technical bid of NACOF/ITAS was rejected on the ground of blacklisting the petitioner at Odisha.
For consideration of the interim relief, Ms. D D Barman shall take necessary instruction Page No.# 4/4 as regard to the stage of the tender process wherein as per the minutes of the technical bid opening meeting, the petitioner, a consortium of NACOF ITAS was disqualified.
List for Motion on 10.01.2020.
Till the next date, further process in the said tender No. AFCSCL.3/2019/Pt/349 dated 27.11.2019 (Retender) is stayed.
JUDGE Comparing Assistant