GUWAHATI, India, Nov. 30 -- Gauhati High Court issued the following order on Oct. 27:
1. Heard Mr. Tanuz Kashyap, the learned counsel appearing on behalf of the Petitioner in WP(C) No.5163/2025, WP(C) No.5164/2025 and WP(C) No.5165/2025 and Mr. I. Alam, the learned counsel appearing on behalf of the writ petitioner in WP(C) No.5969/2025. I have also heard Mr. B. Gogoi, the learned Additional Advocate General, Assam who is also the Standing counsel of the PWD appearing on behalf of the Respondent Authorities in all the four writ petitions and Mr. A. Chakraborty, the learned counsel appearing on behalf of the Private Respondent in WP(C) No.5163/2025, WP(C) No.5164/2025 and WP(C) No.5165/2025.
2. All the writ petitions are taken up together for disposal by this common judgment and order taking into account that the issues involved in all these four writ petitions are one and the same.
3. It is pertinent however to observe that the writ petition being WP(C) No.5969/2025 is in respect to a different Notice Inviting Tender but is being taken for disposal by this common judgment and order on the ground that a totally contrary stand has been taken by the PWD Authorities in respect to same issue insofar as the Petitioner is concerned in WP(C) No.5969/2025 to that of the stand taken by the PWD Authorities in the other three writ petitions.
4. At the outset, this court would first like to deal with the facts in respect to the three petitions being WP(C) No.5163/2025, WP(C) No.5164/2025 and WP(C) No.5165/2025 as they relate to the same Notice Inviting Tender.
5. The Chief Engineer PWD, NH Works, Assam had issued a Notice Inviting Tender dated 21.06.2025 calling upon bidders for maintenance works and activities for various sections of the National Highway.
6. In WP(C) No.5163/2025, the package in question is at serial No.9 of the Notice Inviting Tender which reads as under:
Table omitted can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xzpxXhA%2FylA%2BUatNQ3di%2F4DKpkLyt2XY236JDOXQxQu3&caseno=WP(C)/5163/2025&cCode=1&cino=GAHC010199992025&state_code=6&appFlag=)
7. In WP(C) No.5164/2025 the package is at Serial No. 8 of the Notice Inviting Tender which reads as under:
Table omitted can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x1oPmx5HLTTrTA4hCNBuTfYvyVlNCyzx%2F9scOLMPa%2Fd7&caseno=WP(C)/5165/2025&cCode=1&cino=GAHC010199972025&state_code=6&appFlag=)
8. In WP(C) No.5165/2025, the package in question is at serial No. 12 of the Notice Inviting Tender which reads as under:
Table omitted can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x1oPmx5HLTTrTA4hCNBuTfYvyVlNCyzx%2F9scOLMPa%2Fd7&caseno=WP(C)/5165/2025&cCode=1&cino=GAHC010199972025&state_code=6&appFlag=)
9. This Court has duly perused the records which were produced by Mr. B. Gogoi, the learned Additional Advocate General, Assam. In respect to the package at serial No.9 of the Notice Inviting Tender which relates to WP(C) No.5163/2025, as many as four bidders submitted the bids which includes the Petitioner as well as the Respondent No.4. In respect to the package at serial No.8 which is in relation to WP(C) No.5164/2025, there were as many as 7 bidders. In respect to the package at serial No.12 which is in relation to WP(C) No.5165/2025, there were as many as 7 bidders. 10. The issue which has arisen in all the three writ petition is that the Petitioner herein who is the common writ petitioner have alleged that the private respondent's technical bid ought to have been rejected on the ground of failure to submit certificates/documents as specified in Clause 4.3.B of the Information to Bidders (for short 'ITB').
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x1oPmx5HLTTrTA4hCNBuTfYvyVlNCyzx%2F9scOLMPa%2Fd7&caseno=WP(C)/5165/2025&cCode=1&cino=GAHC010199972025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
