GUWAHATI, India, Sept. 5 -- Gauhati High Court issued the following order on Aug. 5:

1. Heard Mr. S. Banik, the learned counsel appearing on behalf of the Petitioner and Mr. M. Chetia, the learned Government Advocate appearing on behalf of the Respondent No.1. I have also heard Ms. P. Baruah, the learned counsel appearing on behalf of the Respondent Nos. 2, 3 and 4 and Mr. R. S. Mishra, the learned counsel appearing on behalf of the Respondent No.5. None appears on behalf of the Respondent No.6 when the matter was called for.

2. The Respondent Corporation i.e. the Respondent No.2 herein had issued a press notice (QCBS) (e-procurement notice) bearing No. ATDC/2822/2017 dated 23.05.2022 inviting bids for Development, Operation and Management Contract for running three properties on contractual basis. The details of the said properties are:

Table omitted can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfFqetqRec4Fb3cXg9U%2BGMxbL05YneOiFXfvIREbJm6jq&caseno=WP(C)/5687/2022&cCode=1&cino=GAHC010174172022&state_code=6&appFlag=)

3. Pursuant to the said press notice, the Respondent Corporation had issued a detailed Notice Inviting Bid (QCBS) (e-procurement notice) bearing No. ATDC/2822/2017 dated 31.05.2022 indicating that bids are invited on contractual basis for 10 years (5 + 5 years) in respect to the aforementioned three projects. The present proceedings relate to the Eco Tourism Project at Dibru-Saikhowa.

CASE OF THE PETITIONER:

4. Nine bidders participated pursuant to the said tender process. Out of those nine bidders, four were held to be eligible which would include the petitioner, the respondent No.5, the respondent No.6 and one M/S Shanti Enterprise. However, the Respondent Corporation chose the respondent No.5 for awarding the contract for Development, Operation and Management for running the newly constructed Eco Tourism Project for tourist facilities at the Dibru-Saikhowa. It is under such circumstances, the petitioner has approached this Court by filing the present writ petition challenging the technical bid of the Respondent Nos. 5 and 6.

5. The challenge to the Technical Bid of the Respondent No.5 were on three grounds. First, the Respondent No.5 did not submit online the Qualification Information Form which is contrary to Clause 5 of the bidding document.

The second ground so taken is that the respondent No.5 had submitted the Experience Certificate which is self-certified which has no credibility on account of self-declaration of experience.

The third ground so taken is that the yearly occupancy of 30% as required under Clause 3(iii) of the bidding document was also self-certified by the Respondent No.5 which on its own had no credibility.

6. The challenge to the Technical Bid of the Respondent No.6 were on the following grounds.

First, the Experience Certificate so required under Clause 3(ii) was not submitted by the Respondent No.6 for which the Respondent No.6's bid was liable to be rejected.

Secondly, the Respondent No.6 had not submitted the yearly occupancy certificate of 30% as is required under Clause 3(iii) of the bid document.

7. On 29.07.2025, the instant writ petition was taken up for hearing. The technical broadsheet was produced before this Court. A copy of the said broadsheet was provided to Mr. S. Banik, the learned counsel appearing on behalf of the petitioner during the course of the hearing. The learned counsel appearing on behalf of the petitioner upon perusal thereof submitted that both the Respondent Nos. 5 and 6 did not comply with the requirements of Clause 3(v) of the bid document inasmuch as they did not submit the annual turnover for the period from 2017-18 to 2021-22 which was the mandate of Clause 3(v) of the bid document. Rather, the Respondent Nos. 5 and 6 only submitted the annual turnover for the period from 2016-17 to 2020-21 which is not as per the mandate of Clause 3(v) of the bid document.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfFqetqRec4Fb3cXg9U%2BGMxbL05YneOiFXfvIREbJm6jq&caseno=WP(C)/5687/2022&cCode=1&cino=GAHC010174172022&state_code=6&appFlag=)

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