Samrat Inder Singh vs Union Of India & Ors.

H. S. Thangkhiew, J

Heard Mr. S. Choudhury, learned counsel for the petitioner. Also heard Dr. N. Mozika, learned DSG assisted by Ms. S. Rumthao, learned counsel for the respondent No. 1 and 2.

The petitioner is aggrieved with the acceptance of the tender document of the respondent No. 3, inasmuch as, the requirements as per Clause 6(e) of the tender document has not been fulfilled or complied with.

By the order dated 05.05.2023, this Court had directed for instructions to be obtained by the learned DSG, (respondents Nos. 1 and 2). A copy of the said instructions dated 11.05.2023, has been produced today, and it appears that the tender of the respondent No. 3 was accepted as valid by the respondents on the consideration that though the entire details as stipulated were not submitted, however, the same would not have any material impact in the execution of the tender.

Dr. N. Mozika, learned DSG assisted by Ms. S. Rumthao, learned counsel for the respondents Nos. 1 and 2 submits that the Tender Committee had considered the bid of the respondent No. 3, and having come to a decision that the non-submission of the other requirements i.e. the number of tenders in which the firms had participated will have no material impact, had accepted the same.

Mr. S. Choudhury, learned counsel for the petitioner has however, raised vehement objections that the conditions as contained in the tender document are of vital importance and the non-observance thereof as provided in Clause 6(e), held the respondent No. 3, liable for rejection of its tender.

As a prima facie case has been made out by the petitioner, the respondent No. 1 and 2 are directed to file an affidavit within 10(ten) days from today. Notice also be issued to the respondent No. 3, both by registered AD and dasti service.

It is provided that until the next date, there should be no further action on the ongoing tender process.

List this matter on 22.05.2023.