Gauhati High Court
Page No.# 1/3 vs The Union Of India And 2 Ors on 21 September, 2021
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010150652021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4826/2021
AMAN SATYA KACHROO TRUST
A TRUST REGISTERED IN ACCORDANCE WITH THE INDIAN TRUSTS ACT,
1882. HAVING ITS REGISTERED OFFICE AT 328, MASJID MOTH, SOUTH
EXTENSION 2, NEW DELHI 110049, REPRESENTED BY PROFESSOR
RAJENDRA KACHROO @ RAJ KACHROO
VERSUS
THE UNION OF INDIA AND 2 ORS
REPRESENTED BY THE SECRETARY, MINISTRY OF WOMEN AND CHILD
DEVELOPMENT, GOVT. OF INDIA, SHASTRI BHAWAN, NEW DELHI 110001
2:THE STATE OF ASSAM
REPRESENTED BY THE DIRECTOR
DIRECTORATE OF SOCIAL WELFARE
GOVT. OF ASSAM
UZAN BAZAR
GUWAHATI 781001
3:M/S ZAM ENTERPRISE
REPRESENTED BY ZEEDUL MAZUMDAR
FLAT NO. 504
SUBHAM GREENS
PO SOUKUCHI
PS GORCHUK
GUWAHATI
KAMRUPM ASSAM 78103
Advocate for the Petitioner : MS. D GHOSH
Advocate for the Respondent : ASSTT.S.G.I.
Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 21-09-2021 Heard Ms. D. Ghosh, learned counsel for the petitioner and Mr. K. Goswami, learned Additional Senior Government Advocate, Assam for the respondent No. 2.
No representation on behalf of the respondent No. 1 though name of the learned counsel for it has been reflected in the cause list.
The respondent Director of Social Welfare, Assam on 12.07.2021 under No. DSW(G)75/2016/158 issued an E-Tender for "Helpline Management, Implementation and Technology Partnership for Establishment of 181- Helpline for Women in Distress" fixing the date of opening E-Tender on 03.08.2021 at 10:00 am.
Petitioner as well as the respondent No. 3 participated in the said E-Tender process. It is stated that petitioner is a trust registered under the Indian Trusts Act, 1882 having its registered office at New Delhi for establishing such helpline for women in distress is managing various helplines in different states of India including Assam, Meghalaya, Jammu & Kashmir and Chattisgarh. But finding its bid non responsive, without explaining about it the respondent rejected the bid of the petitioner and in the meanwhile, awarded the contract to the respondent No. 3. Being aggrieved with the same, petitioner has preferred this writ petition.
Ms. Ghosh, learned counsel for the petitioner submits that the petitioner informed her that till 10:30 am of today (i.e., 21.09.2021), the respondent No. 3 did not take over the charge.
On the other hand, Mr. Goswami, learned Additional Senior Government Advocate, Assam on specific instruction of the respondent placed before the Court that on 06.09.2021, the relevant work order was issued in favour of the respondent No. 3, who was also a bidder with regard to said E- Tender process dated 12.07.2021, noted above and that the said respondent No. 3 has already taken over the charge on 18.09.2021.
Issue notice, returnable by 10.11.2021.
Page No.# 3/3 As Mr. Goswami, learned Additional Senior Government Advocate, Assam, has accepted the notice on behalf of the respondent No. 2, no formal notice need to be issued to the said respondent.
Petitioner shall serve requisite extra copies of this writ petition including the annexures appended thereto to Mr. Goswami, learned Additional Senior Government Advocate, Assam during the course of the day, obtaining necessary acknowledgment from him in that regard.
Petitioner shall take steps for service of notice on the respondent Nos. 1 & 3 by registered post with A/D by tomorrow (i.e., on 22.09.2021), providing their correct and proper addresses with requisite postal stamps.
It is made clear that the contract work issued in favour of the respondent No. 3 in terms of the said E-Tender process dated 12.07.2021 pertaining to the "Helpline Management, Implementation and Technology Partnership for Establishment of 181- Helpline for Women in distress" issued by the Director of Social Welfare, Assam shall be subject to the outcome of this writ petition.
List accordingly.
JUDGE Comparing Assistant