Petitioner filed a writ petition questioning the eligibility criteria imposed during a vehicle hiring tender. The court held that the petitioner, who placed an L2 bid while the lowest bidder was already awarded a contract, had no right to claim the work order. The petition was dismissed for lack of merit.
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GAHC010145642021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4847/2021
SAFIUR RAHMAN
S/O LATE HAREN ALI, VILL-AGMANDIA, P.O.-MANDIA BAZAR, DISTBARPETA, PIN-781308
VERSUS
THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF HEALTH AND FAMILY WELFARE, DISPUR, GUWAHATI-6
2:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-6 3:THE JOINT DIRECTOR OF HEALTH SERVICES BARPETA DIST-BARPETA ASSAM 4:THE SDM AND HEALTH OFFICER CUM MEMBER SECRETARY MANDIA BLOCK PRIMARY HEALTH CENTRE (BPHC) MANDIA DIST- BARPETA PIN-781308 5:THE RBSK (RASTRIYA BAL SWASTHA KARYAKARAM) BLOCK LEVEL TENDERING COMMITTEE MANDIA REPRESENTED BY THE SDM AND H.O. CUM MEMBER SECRETARY MANDIA BLOCK PRIMARY HEALTH CENTRE (BPHC)
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MANDIA DIST- BARPETA PIN-781308
6:SURENDRA NATH DAS S/O DEBENDRA NATH DAS R/O BARBARI P.O.-DISPUR GUWAHATI-21 REPRESENTED BY THE SDM AND HEALTH OFFICER CUM MEMBER SECRETARY MANDIA BLOCK PRIMARY HEALTH CENTRE (BPHC) MANDIA DIST-BARPETA PIN-78130
Advocate for the Petitioner : MR. A ROSHID
Advocate for the Respondent : SC, HEALTH
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
05-10-2021
Heard Mr. A. Roshid, learned counsel for the petitioner and Ms. D. Borah, learned Standing counsel, Health and Family Welfare Department for the respondent Nos. 1 to 3. Also heard Ms. A. Bora, learned Standing Counsel, National Health Mission, (NHM, in short) for the respondent Nos. 4, 5 & 7.
The SDM & HO cum Member Secretary, Mandia BPHC, Barpeta issued a Notice Inviting Tender (NIT, in short) under No. MBPHC/RBSK/2021-22 dated 23.07.2021 inviting bids for hiring of vehicles like Bolero, Mahindra XUV & Mahindra TUV 300 etc. not older than 1st April, 2018 model from the supplier having experience in the same.
Pursuant to the said NIT dated 23.07.2021, the petitioner submitted his bid regarding supply of the vehicles. Though in the tender Clause of said NIT dated 23.07.2021 there was no mention about the up-to-date police verification report of the drivers of the vehicles, but the respondents insisted for it and on 09.08.2021 the authority concerned found that the petitioner did not furnish the up-to-date
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police verification report of the concerned driver of the petitioner’s vehicle, which is more than 7 years old.
Mr. Roshid, learned counsel for the petitioner from the said NIT dated 23.07.2021 placed before the Court that Clause 6 of the said NIT dated 23.07.2021 specifically provided that the police verification report of the driver must be submitted along with the bid but it did not specify regarding such up-to-date police verification report of the concerned driver of the vehicle to be filed along with the bid for the said NIT dated 23.07.2021. Hence, this petition by the petitioner.
Ms. Bora, learned Standing counsel, NHM placed before the Court that pursuant to the said NIT dated 23.07.2021, the lowest bidder i.e., respondent No. 6 has already been entrusted with the work and a deed of agreement under No. MBPHC/RBSK/2021-22/165 dated 03.09.2021 has also been signed between the respondent No. 6 and the SDM & HO cum Member Secretary, Mandia BPHC, Barpeta. In that regard the said respondent No. 6 has furnished the vehicle including the up-to-date police verification report dated 10.04.2021 of his concerned driver of the said vehicle.
As the respondent SDM & HO cum Member Secretary, Mandia BPHC, Barpeta has already entrusted the work with L1 bidder, i.e. the respondent No. 6, the petitioner who was the L2 bidder along with another, therefore, he has no right to claim with regard to the work order pursuant to the said NIT dated 23.07.2021 made by him in this petition.
Accordingly, this writ petition being devoid of merit stands dismissed.
The copies of the written instruction of the SDM & HO, Mandia BPHC placed before the Court by Ms. Bora, learned Standing counsel, NHM be kept as a part of the record.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner as L2 bidder has a right to claim the work order after the work was entrusted to L1 bidder.
Whether L2 bid can be validated when the tender included additional requirements not present in the original notice.
Whether the petitioner is entitled to a specific performance or work order against the respondents.
SAFIUR RAHMAN
THE STATE OF ASSAM
THE DIRECTOR OF HEALTH SERVICES ASSAM
THE JOINT DIRECTOR OF HEALTH SERVICES
THE SDM AND HEALTH OFFICER CUM MEMBER SECRETARY MANDIA BPHC
THE RBSK BLOCK LEVEL TENDERING COMMITTEE MANDIA
MANASH RANJAN PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
