GUWAHATI, India, Sept. 2 -- Gauhati High Court issued the following order on Aug. 1:

1. Heard Mr. A. K. Baruah, the learned counsel appearing on behalf of the petitioners and Mr. B. Gogoi, the learned Standing counsel appearing on behalf of the respondent Nos. 1, 2, 3 and 4. I have also heard Mr. K. N. Choudhury, the learned Senior counsel assisted by Mr. N. Gautam, the learned counsel appearing on behalf of the respondent No.5.

2. The petitioners herein have approached this Court challenging the Minutes of the Meeting dated 18.12.2024 whereby the Tender Evaluation Committee had decided to issue the work order in favour of the respondent No.5.

3. For the purpose of deciding the said legality of the actions, this Court finds it pertinent to take note of the brief facts which led to the filing of the instant writ petition.

4. The materials on record show that the respondent No.3 had issued a Notice Inviting Tender dated 27.11.2024 for outsourcing of Patient Dietary Services for Tezpur Medical College Hospital, Tezpur to experienced contractors. For the purpose of the instant dispute, Clause-1 which pertains to the Award Criteria is relevant and the same is reproduced herein under:

"1. Award Criteria:

This service is outsourced for providing good, healthy and nutritious food to the patient essential for fast recovery. Hence, there can be no compromise in quality of service. Being L1 does not confer the right for award of contract. To avoid poor/deficient service in abnormally low rates will not be considered. Therefore, a reasonable rate with quality service is mandatory and in the event of abnormally low bids, authority's preconceived notion will be final and no written clarification will be entertained. However, the price quoted by the bidder shall not in any case exceed unit price Rs.160/- (exclusive GST).

The Institute will award the contract to the successful bidder whose bid has been determined as the lowest bid, provided the bidder quotes its rate within its limit as prescribed above. In case the lowest rates quoted by two bidders being same, the bidder having more scores in technical bid will be considered for the contract."

5. The petitioners as well as the respondent No.5 were both eligible. However, the petitioners quoted Rs.144/- per patient per day without GST whereas the respondent No.5 quoted Rs.111/- per patient per day without GST. The case of the petitioners herein is that the respondent authorities while arriving at the decision in the Minutes of the Meeting held on 18.12.2024, did not take into consideration the award criteria and as such, there is a requirement for exercising the powers of judicial review by this Court.

6. It is relevant to take note of that this Court vide an order dated 20.12.2024 issued notice making it returnable on 09.01.2025 and in order to protect the interests of the parties directed that till 09.01.2025, the respondent authorities shall not further proceed with the settlement of the contract pursuant to the NIT dated 27.11.2014.

7. The record reveals that the respondent No.3 had filed an affidavit-inopposition. In the said affidavit-in-opposition and more particularly at paragraph No.3, it was categorically mentioned that the tendering authority through an internal assessment decided an estimate rate prior to floating of the tender at which the diet supplier can provide good, healthy and nutritious food to the patients as prescribed. The rate so fixed was found to be Rs.138/- (for one year) and Rs.146/- (for the subsequent year) as per assessment of the Statistician cum Lecturer, Department of Community Medical, (SPM), Tezpur Medical College. It was also mentioned that the rate quoted by the petitioner at Rs.144/- (without GST) was found in compliance with the price limit prescribed in the tender document.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqKiQQjDQOonI4%2FeX%2BV0TS3OSNpD5CLA2C37J9hSbfTCD&caseno=WP(C)/6994/2024&cCode=1&cino=GAHC010277222024&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.