Petitioner challenged rejection of tender bid due to expired trade license. Court held pandemic lockdown justified delay and noted license was renewed, directing further examination.
Issue notice of motion for further examination of bid rejection ground.
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GAHC010175602020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5230/2020
A PROPRIETORSHIP CONCERN OF SUNITA THARAD, HAVING HER PLACE OF BUSINESS AT 1, KAMRUP CHAMBER ROAD, GHY-01
2: SUNITA THARAD
D/O- LT. HARI RAM AGARWAL
PROPRIETOR OF M/S JIWAN RAM BINOD KUMAR HAVING HER PLACE OF BUSINESS AT 1 KAMRUP CHAMBER ROAD GHY-0
VERSUS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, ANIMAL HUSBANDRY AND VETERINARY DEPTT., ASSAM
2:JOINT SECRETARY TO THE GOVT. OF ASSAM
ANIMAL HUSBANDRY AND VETERINARY DEPTT. DISPUR GHY-6
3:SENIOR FINANCIAL ADVISOR GOVT. OF ASSAM ANIMAL HUSBANDRY AND VETERINARY DEPTT. DISPUR GHY-6
4:JOINT DIRECTOR CUM NODAL OFFICER INSTITUTE OF VETERINARY BIOLOGICALS ANIMAL HUSBANDRY AND VETERINARY DEPTT. DISPUR GHY-6
5:FINANCE AND ACCOUNTS OFFICER
ANIMAL HUSBANDRY AND VETERINARY DEPTT. ASSAM GHY-3
6:EXECUTIVE ENGINEER DIRECTORATE OF ANIMAL HUSBANDRY AND VETERINARY DEPTT. ASSAM CHENIKUTHI GHY-
Advocate for the Petitioner : MR G KHANDELIA
Advocate for the Respondent : GA, ASSAM
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- B E F O R E - HON’BLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 10-12-2020
Heard Mr. G. Khandelia, learned counsel for the writ petitioner.
The writ petitioner had participated in a tender process initiated on the basis of the Notice Inviting Tender (NIT) dated 09.10.2020 issued by the Department of Animal Husbandry & Veterinary, Government of Assam. However, the technical bid of the petitioner was rejected on the ground that it did not produce a valid trade license. The petitioner claims to be an authorized dealer of M/s Voltas Limited and in such capacity, it had submitted its bid. It has been projected in the writ petition that the trade license of the petitioner had expired on 31.03.2020. Although necessary application for renewal of the license was submitted before the Guwahati Municipal Corporation Authorities before the expiry of the trade license yet, due to the outbreak of COVID-19, the GMC Authorities could not issue renewal of license immediately upon receipt of the application submitted by the petitioner. However, subsequently, the trade license of the petitioner has been renewed by the GMC making the same valid till 31.03.2021. Since the delay in issuance of the renewal was not on account of any default on the part of the writ petitioner but due to the lockdown in force, hence, no penalty was imposed upon it while issuing the renewal order. As such, the petitioner’s case is that the technical bid submitted by it ought not to have been rejected by the respondents merely on the ground of non-renewal of the trade license.
Ms. K. Phukan, learned Government Advocate, Assam has produced written instructions dated 08.12.2020 issued by the Joint Secretary to the Government of Assam, Animal, Husbandry & Veterinary Department, Dispur. I have perused the same.
A perusal of the written instruction goes to show that the only ground on which the petitioner’s bid was rejected was due to non-submission of a valid trade license.
There can be hardly any doubt about the fact that production of all relevant documents including a valid trade license would be the responsibility of the bidder and any deviation therefrom, would be at the cost of invalidating the petitioner’s tender itself. However, what cannot be lost sight of is the fact that during the relevant period of time, the world was facing an extra ordinary situation due to the outbreak of the pandemic COVID-19 forcing lockdown of various offices and institutions across the country. During the period of
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lockdown, many governmental offices in Assam were also non-functional for a considerable period of time. Under such circumstances, if the trade license of the petitioner was not renewed by the GMC than the same, in the opinion of this Court, could not have been the sole ground to non-suit the petitioner if its bid was otherwise found to be in order on all other relevant aspects. That apart, the trade license of the petitioned has already been renewed.
Since Ms. Phukan has not been able to point out any other reason for rejection of the technical bid of the petitioner, I am of the view that the matter would call for further examination by this Court.
Issue notice of motion, returnable in 3(three) weeks.
Since Ms. Phukan, learned Government Advocate, Assam has accepted notice on behalf of all the respondents, no formal notice is required to be sent in this case. Extra copies of the writ petition be furnished to the learned Government Advocate within 3(three) days, so as to enable her respondents to file affidavit.
List the matter again on 11th February, 2021 .
Interim order passed earlier shall continue until further orders.
J U D G E
Comparing Assistant
1 issue framed by the court
Whether valid tender bid of petitioner should be rejected solely due to expired trade license pending renewal caused by COVID-19 lockdown
2 provisions across 2 enactments
M/s Jiwam Ram Binod Kumar and Anr.
State of Assam and Ors.
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
