Balen Roy Medhi Vs State of Assam And 4 Ors (Guwahati High Court)
Guwahati High Court held that tender process for construction of Assam Type Sub-Centre Building under Animal Husbandry & Veterinary Department work is not allocated in accordance with law and accordingly, directed to allocate balance of works to eligible bidders.
Facts- A Notice Inviting Tender (NIT) was issued on 06.04.2023 by the AH & Vety. Department for construction of Assam Type Sub-Centre Building with Electrification, Water Supply and Sanitary Works etc. at various locations in the district of Nalbari. In the said tender document, there is a specific clause under the Qualification Criteria, being Clause 2.A.(g) which provides that a bidder who quotes the rate beyond 15% below the approved rate would have to submit justification with proper rate analysis and photographic evidence. It is the case of the petitioner that in all the writ petitions, the private respondent no. 5 had quoted rate which was beyond 15% below and accordingly, under the aforesaid clause, justification was sought for. The justification was purportedly given and after consideration of the same, the bids of the private respondent no. 5 in each of the cases were accepted and accordingly, Work Orders were issued on 06.01.2024.
