Maa Laxmi Tailors and 15 Ors. v. the State of Assam and Ors.
Case brief
What is this about?
Blacklisting; debarment; automatic debarment invalid; principles of natural justice; show cause notice; Article 14; Article 21; Article 19(1)(g); Gorkha Security Services (2014) 9 SCC 105; free school uniform procurement; Samagra Shiksha Assam; Siksha Setu / Shiksha Setu portal registration; Clause H1(d) Guidelines dated 08.08.2025; Sub-Clause (10) and Sub-Clause (23) of Clause I Guidelines dated 04.12.2024; Minutes of Meeting 25.07.2025; estoppel; enclosure to communication dated 20.03.2025; Assam Public Procurement Act 2017; Assam Public Procurement Rule(s) 2020; SMC/SMDC; tender exclusion; WP(C)/5532/2025; WP(C)/4987/2025; WP(C)/5168/2025; WP(C)/5245/2025; WP(C)/5406/2025; WP(C)/5574/2025; WP(C)/5183/2025; Gauhati High Court; Justice Devashis Baruah.
What did the court decide?
Batch of writ petitions disposed of with observations and directions: (i) participation of petitioners in WP(C) Nos.4987/2025, 5168/2025, 5183/2025 and 5245/2025 under interim orders made absolute, with deemed registration in Siksha Setu from the date of the Coordinate Bench order and a direction to respondents to register them within 10 days of service of certified copy on respondent No.2; (ii) petitioners in WP(C) No.5406/2025, already registered, shall not be prejudiced by the enclosure to the communication dated 20.03.2025; (iii) no effective orders for the present procurement process for petitioners in WP(C) Nos.5574/2025 and 5532/2025, but respondents cannot debar them from future procurement until valid debarment/blacklisting orders are passed, subject to other eligibility conditions; (iv) entitlement to supply orders and correctness of tender rejection left undecided; (v) respondents at liberty to take steps for blacklisting/debarment, if so advised, by following the mandate of law; (vi) no costs.