Hemanta Karmakar vs The Union Of India And 3 Ors
2022 Latest Caselaw 4904 Gua

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GAHC010253782022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/7967/2022

            HEMANTA KARMAKAR
            S/O- MONI MOHAN KARMAKAR, PROPRIETOR OF M/S JK GROUP AND
            COMPANY HAVING ITS REGD. OFFICE AT A.K. DEV ROAD, GANESHPARA
            IN THE DIST.- OF KAMRUP (M), ASSAM



            VERSUS

            THE UNION OF INDIA AND 3 ORS.
            REP. BY THE SECY., MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
            DEPART OF SCHOOL EDUCATION AND LITERACY, 124(C) WING, SHASTRI
            BHAWAN, NEW DELHI- 110001

            2:THE SECRETARY
             FINANCE
             GOVT. OF INDIA
             MINISTRY OF FINANCE
             DEPTT. OF EXPENDITURE
             NEW DELHI- 110001

            3:THE STATE OF ASSAM
             REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
             DEPTT. OF EDUCATION
             DISPUR
             GHY-06

            4:THE MISSION DIRECTOR
             SAMAGRA SHIKSHA
            ASSAM
             KAHILIPARA
             GHY-1

Advocate for the Petitioner   : MR. S K GOSWAMI
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Advocate for the Respondent : DY.S.G.I.




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

Date : 12.12.2022

Heard Mr. S.K.Goswami, learned counsel for the petitioner. Mr. D.J.Das, learned CGC appearing for respondent nos. 1 and 2, Mr. B.Talukdar, learned standing counsel appearing for respondent no.3 and Mr.D.Saikia, learned Advocate General assisted by Mr. B.Gogoi, learned standing counsel for respondent no.4.

Heavily relying on the judgment and order dated 13.12.2019, passed by this Court in WP(C)/1984/2019, whereby decentralized purchase of articles are envisaged for the Samagra Shiksha Scheme, the present writ petition has been filed to challenge the NIT dated 01.11.2022 which envisages centralized purchasing of supplies of dual desk and bench.

Issue notice returnable on 16.12. 2022.

Requisite extra copies of the writ petition be served on the learned State and Departmental counsel in course of the day.

The learned standing counsel for the respondent no.4 expresses some urgency in the matter and submits that in light of the referred judgment, he would seek instructions from the respondent no.4.

Prayer is allowed.

Till the next returnable date, the respondent no.4 shall not finalize the Page No.# 3/3

tender process relating to NIT No.SSA-15022/2/2022 dated 01.11.2022.

List the matter in the admission column on 16.12.2022.

JUDGE

Comparing Assistant