Focal Hub Vs State of Odisha and others (Orissa High Court)
Orissa HC Directs Scrutiny Committee to Reevaluate MSME Unit’s RFP Rejection in Odisha I&PR Department Empanelment
In a recent case, the Orissa High Court addressed the petition filed by Focal Hub, a micro, small, and medium enterprise (MSME) unit, challenging its exclusion from a list of empanelled agencies in the Department of Information and Public Relations (I&PR), Government of Odisha. Focal Hub sought an order mandating the department to include it in the list for producing audio-visual content, following its submission in response to a Request for Proposal (RFP).
The case was heard through hybrid mode, with Mr. Panda, representing Focal Hub, arguing that the company, as an MSME, was entitled to certain benefits and exemptions per government notifications and policies, which he contended had been overlooked by the Scrutiny Committee.
Petitioner’s Arguments on MSME Benefits and Exemptions
Mr. Panda, counsel for Focal Hub, highlighted that the petitioner, as a registered MSME unit, had participated in the RFP for empanelment in the Odisha I&PR Department. He argued that the company was eligible for various exemptions granted under a government-issued letter dated December 27, 2023. According to the letter, MSME units were entitled to exemptions, including:
1. Exemption from Earnest Money Deposit (EMD)
2. Relaxation in Annual Turnover Criteria
3. Relaxation in Prior Experience Requirements
4. Reduced Performance Security Deposit Requirements
Mr. Panda argued that these exemptions were ignored, leading to the petitioner’s disqualification. He further contended that the petitioner had demonstrated relevant experience, including projects involving live streaming and the creation of audio-visual content. However, this experience was allegedly not given appropriate consideration.
