Gauhati High Court
M/S Ranjit Kaushik vs The State Of Assam And 7 Ors on 3 March, 2021
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GAHC010041652021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1473/2021
M/S RANJIT KAUSHIK
A PROPRIETORSHIP CONCERN REPRESENTED BY ITS SOLE PROPRIETOR
SRI RANJIT KAUSHIK, AGE ABOUT 47 YEARS S/O LATE DHIREN
SABHAPANDIT HAVING ITS OFFICE AT HOUSE NO. 10, PINAKI PATH, ZOO
ROAD TINIALI, GUWAHATI, DIST. KAMRUP (M), ASSAM, PIN 781003
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, FOOD,
CIVIL SUPPLY AND CONSUMER AFFAIRS DEPTT., D BLOCK, 4TH FLOOR,
JANATA BHAWAN, DISPUR 781006
2:DIRECTOR OF FOOD
CIVIL SUPPLY AND CONSUMER AFFAIRS
DIRECTORATE OF FCS AND CA
BHANGAGARH
NEAR BHANGAGARH FLYOVER
GUWAHATI 781005
3:DEPUTY COMMISSIONER
KAMRUP (M)
DIST. KAMRUP (M)
ASSAM
PIN 781001
4:ADDITIONAL DEPUTY COMMISSIONER
(I/C FCS AND CA) KAMRUP (M)
DIST. KAMRUP (M)
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ASSAM
PIN 781001
5:THE E TENDERING COMMITTEE
CONSTITUTED FOR TO SCRUTINY OF PAPER SUMMITTED AND
UPLOADED BY THE BIDDERS AS TECHNICAL BID IN REFERENCE TO E
TENDER NIT NO. KSL (M) 52/2017/24/263 DATED 31ST JULY
2020 RELATING TO FOOD GRAINS TO GPSS
WCCS AND F.P. SHOP DEALERS UNDER NFSA
2013 IN KAMRUP (M) DIST. FOR THE 2020-21 HEADED BY THE DEPUTY
COMMISSIONER
KAMRUP (M)
ASSAM
PIN 781001
6:DEPUTY DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS
NAGAON
DIST. GOLAGHAT
ASSAM
PIN 785621
7:M/S UTSAV CONSTRUCTION
A PROPRIETORSHIP FIRM REPRESENTED BY SRI PRITAM HAZARIKA
S/O LATE N.C. HAZARIKA
HOUSE NO. 370
DISPUR LAST GATE
BASISTHA ROAD
P.S. DISPUR
GUWAHATI 6
8:M/S POOJA ASSOCIATE
REPRESENTED BY ITS PROPRIETOR SHRI RAJEN KUMAR AGARWALLA
PICK ME BUILDING
2ND FLOOR
KAMARPATTY
FANCY BAZAR
GUWAHATI 78100
Advocate for the Petitioner : MR. T J MAHANTA
Advocate for the Respondent : GA, ASSAM
BEFORE
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THE HON'BLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
03.03.2021.
Heard Mr. T. J. Mahanta, the learned Senior Counsel assisted by Mr. P. P. Dutta, the learned counsel for the petitioner.
The petitioner participated in the E-Tender for Handling and Transport Contract for implementation of door step delivery of food grains to GPSS, WCCS and F. P. Shop Dealers under the National Food Security Act, 2013 in the Kamrup Metropolitan District for the Financial Year 2020-2021. The relevant qualification criteria for bidders are extracted herein below:-
"(I) Bidder(s) should have minimum 1(one) years experience of transportation of food grains under NFSA-13 or any other essential commodity under any central/State Govt. scheme.
Besides the Bidder(s) should have turnover of not less than Rs. 1 Crore (Rupees one crore) for the financial year 2019-20 for the entire volume of work or as per the quantum (ratio) that a tenderer bids for. However, preferences shall be given to the tenderers having their own vehicles either in individual name or in the name of their organization/firms. Detailed documentary evidence of vehicles owned by them is required to be submitted.
(II) Experience certificate in the Performa given below shall have to be mandatorily provided from the clients/customers with regards to transportation of food grains of NFSA-13 stating proof of satisfactory execution and completion of the contract(s)/services, for both Tier-I & Tier-II separately, duly certifying nature, period of contract and value of work handled. It is hereby informed to all the bidders that bids submitted without separate experience certificates for both Tier-I and Tier-II would summarily rejected".
The Tender committee meeting was held on 08.10.2020 and the minutes of the meeting which as per the submission of Mr. Mahanta, was uploaded on 16.02.2021 wherein the present petitioner was shown as disqualified for the following reasons:-
"7. M/S Ranji Kaushik.
a. Not submitted Experience Certificate as sought for per Clause 3(I) of the Terms and Page No.# 4/4 Conditions of the Bid.
b. Not having own/hire vehicle either in individual name or in the name of the organization/firm".
In order to establish prima facie that the evaluation in respect of Technical Bid of the petitioner was perverse, Mr. Mahanta relies Annexure-II, the certificate issued by the Deputy Director, Food Civil Supply and Consumer Affairs, Kamrup Metropolitan District, Guwahati certifying in the required performa in support of the qualification criteria of the petitioner. In respect of the Ground No. II, it is further submitted by Mr. Mahanta that as per the criteria it was only the preferential ground for the tenderers who own vehicles either in individual name or in the name of their organization/firms.
The allegations raised by Mr. Mahanta requires examination of records. However, keeping in view the tender in respect of Handling and Transport Contract for implementation of door step delivery of food grains to GPSS, WCCS and F. P. Shop Dealers under the National Food Security Act, 2013 in the Kamrup Metropolitan District for the Financial Year 2020-2021, Ms. M. Bhattacharjee, the learned Additional Senior Government Advocate, Assam shall take necessary instruction in respect of the allegations made by Mr. Mahanta and shall produce the records. An extra copy of this writ petition shall be served on Ms. Bhattacharjee in order to take instruction.
It is further submitted by Ms. Bhattacharjee that she is not aware about the opening of the Financial Bid. In view of the same, let this matter be listed on 10.03.2021 for motion.
Till the next date, status quo of the tender process shall be maintained as on date.
JUDGE Comparing Assistant