GUWAHATI, India, Dec. 11 -- Gauhati High Court issued the following order on Nov. 11:

1. Heard Mr. S. S. Goswami, the learned counsel appearing on behalf of the Petitioner and Mr. B. Choudhury, the learned Standing counsel of the Agriculture Department appearing on behalf of the Respondent Nos. 1, 2 and 3. None appears on behalf of the Respondent Nos. 4, 5 and 6 in spite of notice having been affected.

2. The Petitioner herein has sought for a mandamus thereby directing the Respondents to accept the BIS License which have been approved/uploaded on 26.08.2025 prior to the Bid Committee Meeting dated 27.08.2025 and online and one hard copy of which was submitted by Petitioner on 28.08.2025 giving parity as has been done in respect to the Respondent No.4 and declare the Petitioner technically responsive. The Petitioner has also sought for a writ in the nature of certiorari for setting aside and quashing the NIT dated 17.06.2025 being in derogation of the mandatory NIT Clauses which the responsive bidders have failed to fulfill.

FACTUAL MATRIX:

3. Shorn of unnecessary details, it is pertinent to take note of that the Directorate of Horticulture and Food Processing Assam had issued a Notice Inviting Bid for procurement of goods and incidental services as specified in Section-V, Schedule of Requirement of the Bid Document. In terms with the said Notice Inviting Tender dated 17.06.2025, it was stipulated that the bids must be submitted online at the e-Procurement portal i.e. http://assamtenders.gov.in on or before the due date for submission i.e.11.07.2025 up to 5:30 PM. It was also mentioned that bidders were also required to submit the hard copy of the technical bid (with original documents) in the Office of the Procuring Entity within due date for submission of the hard copy of the technical bid i.e. 14.07.2025 up to 5.30 PM. It was also mentioned that the technical bid would be opened online on 15.07.2025 at 11.30 AM and the price bid shall be opened online only for technically qualified bidders.

4. Section-V of the said Bid Document stipulates the Schedule of Requirements. In the instant case, the Petitioner has submitted bids in respect to two items namely Plastic Mulching Film (20-30 Micron) and HDPE Vermibed with Shade. The same are listed at Serial No.2 and 6 of Clause 5.1 of Section V of the Bid Document.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x6CmdDtM37EJiP%2FV0fFbPM%2FcPeG%2Bguhg2USCINMZUKqY&caseno=WP(C)/5257/2025&cCode=1&cino=GAHC010203702025&state_code=6&appFlag=)

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