GAUHATI HIGH COURT ISSUES ORDER ON INDIRA ENTERPRISE AND ANR V/S THE STATE OF ASSAM AND 4 ORS

GUWAHATI, India, Dec. 20 -- Gauhati High Court issued the following order on Nov. 20:

1. Heard Mr. A. K. Baruah, the learned counsel appearing on behalf of the petitioners. Mr. D. P. Borah, the learned counsel appears on behalf of the respondent Nos.1, 2, 3 & 4 and Mr. J. Deka, the learned counsel appears on behalf of the respondent No.5.

2. The petitioners have approached this Court challenging the work order issued in favour of the private respondent No.5 as contained in the letter dated 20.09.2024 and further to set aside and quash the decision of the Authorities in curtailing the tenure of the agreement dated 03.04.2023 which was entered into by and between the petitioners and the Respondent Authorities.

3. The brief facts of the case are that in the year 2023, the Nagaon Medical College and Hospital, Nagaon was established. Pursuant thereto, an agreement was entered into on 03.04.2023 between the petitioner No.1 firm and the respondent No.4 for outsourcing of dietary service in Nagaon Medical College and Hospital, Nagaon. It is relevant to observe that the said contract agreement was entered into without a tender process being initiated and solely on the basis that the petitioner No.1 had a good track record in supplying dietary services in various Government hospitals.

4. A perusal of the said agreement which has been enclosed at Annexure-B to the writ petition reveals that the period of the contract was for two years w.e.f. 23.02.2023. While the said contract was in force, a Notice Inviting Tender was issued on 08.11.2023 for providing health care kitchen and dietary services to the Nagaon Medical College and Hospital, Nagaon. The petitioners being aggrieved on account of curtailing of the period of the agreement entered into on 03.04.2023, approached this Court challenging the curtailment of the agreement dated 03.04.2023. However, the petitioners did not challenge the Notice Inviting Tender dated 08.11.2023. The reason being that the petitioners participated in the said tender process but failed in the evaluation.

5. It is further relevant to note that pursuant to the said tender process, the respondent No.5 was adjudged as the L1 bidder. However, the Respondent Authorities, more particularly the respondent No.3 neither entered into the agreement nor issued the work order. Resultantly, the respondent No.5 filed a writ petition before this Court which was registered and numbered as WP(C)No.1878/2024 being aggrieved by the non-awarding of the contract inspite of being evaluated as the L1 bidder.

6. It is also apposite to observe that the Respondent Authorities permitted the petitioners who failed in the tender evaluation process to continue supplying diet in the hospital. Under such circumstances, an Interlocutory Application was filed being I.A.(C) No.2612/2024.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqCQ%2FJbzlASD%2BaD%2FiG9LL%2FczFNZyJyFlD5Umd9BbWUrhp&caseno=WP(C)/5479/2024&cCode=1&cino=GAHC010220802024&state_code=6&appFlag=)

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