Gauhati High Court
Eastern Technology Group vs The State Of Assam And 2 Ors on 7 April, 2026
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010068992026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1975/2026
EASTERN TECHNOLOGY GROUP
HAVING ITS REGISTERED OFFICE AT AIDC, R.G. BARUAH ROAD,
GUWAHATI-781024, REPRESENTED BY ITS SOLE PROPRIETOR, SRI
DEEPAK CHOUDHURY, SON OF SHRI DHARANI CHOUDHURY, RESIDENT
OF FLAT NO. 4E, DICHANG APARTMENT, BELTOLA TINIALI, GUWAHATI,
DIST. KAMRUP METRO, PIN- 781028, ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT
DEPARTMENT, DISPUR, GUWAHATI, DIST. KAMRUP METRO, ASSAM, PIN-
781006.
2:THE ADDITIONAL CHIEF SECRETARY
STATE DISASTER MANAGEMENTAUTHORITY
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
ASSAM
ASSAM STATE DISASTER MANAGEMENT AUTHORITY
ANCILLARY BLOCK NO. 1
JANATA BHAWAN
GUWAHATI
ASSAM
PIN- 781006.
3:THE ASSAM STATE DISASTER MANAGEMENT AUTHORITY
REPRESENTED BY THE ADDITIONAL CEO
ASSAM STATE DISASTER MANAGEMENT AUTHORITY
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
STATE DISASTER MANAGEMENT AUTHORITY
ASSAM
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ANCILLARY BLOCK NO. 1
JANATA BHAWAN
GUWAHATI
ASSAM-781006
Advocate for the Petitioner : MR. S BANIK, MS F BEGUM,T SARKAR
Advocate for the Respondent : SC, REVENUE,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
07.04.2026 Heard Mr. S. Banik, learned counsel for the petitioner and Mr. R. Borpujari, learned Standing Counsel, Revenue Department for all the respondents.
2. By a Bid Document dated 13.03.2026, the respondent no. 3 has invited bids on-line for a number of items :- [i] High End Laptop - Notebook; [ii] Computer Printer; [iii] Line interactive UPS with AVR; [iv] High End Desktop Computer; [v] Scanner; [vi] Multifunction Printer [Print, Scan, Copy]; [vii] Multimedia Projector; [viii] Smartphone; [ix] Tablet Computer; [x] Office Suite Software.
3. The petitioner which is a proprietorship firm has claimed that it has experience of supplying the items mentioned in the Bid Document. However, the petitioner is aggrieved by a clause in the Bid Document which has restricted participation of a proprietorship firm. When the petitioner made a Representation at the time of pre-bid query period seeking modification of the said restrictive clause, the Tendering Authority has made a Reply to the effect that a proprietorship firm carries significant risk and in the event the proprietor dies/shut then business continuity would be under risk. Therefore, the Government procurement for large equipments and longer warranty of five years would suffer. It has been reasoned that in case of a company, it survives even after the death, insolvency or retirement of its member but in the case of proprietorship firm, it would not survive after death of the proprietor.
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4. The matter would require further consideration.
5. Issue notice, returnable on 13.05.2026.
6. As Mr. Borpujari, learned Standing Counsel, Revenue Department has appeared and accepted notice on behalf of all the respondents, issuance of formal notice to the respondents is dispensed with. Mr. Banik shall furnish requisite nos. of extra copies of the writ petition along with the annexures to Mr. Borpujari within 2 [two] working days from today.
7. Heard the learned counsel for the parties on the interim prayer.
8. As per Bid Document, last date of submission of bid is up to 13.04.2026. The petitioner has stated that save and except the alleged restrictive clause relating to eligibility debarring proprietorship firm to submit bid in response to the Bid Document, the petitioner fulfils all other eligibility criteria. Prima facie, the clause whereby the restriction has been put in place for a sole proprietorship to participate in the bidding process will require an examination qua the principles embedded in Article 14 and Article 19[1][g] of the Constitution. As the participation in the Bid Document is in the GeM portal, the petitioner may proceed to submit its bid on-line as per the terms and conditions of the Bid Document subject to further examination of the afore-stated eligibility criteria.
9. List the case on 13.05.2026.
JUDGE Comparing Assistant