Hemanta Karmakar vs The Union Of India And 3 Ors
2023 Latest Caselaw 376 Gua

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GAHC010020952023




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

                                 Case No. : WP(C)/523/2023

            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 SECRETARY, MIN 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
             MIN OF FINANCE
             DEPTT OF EXPENDITURE
             NEW DELHI- 110001

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

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

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




                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                             ORDER

Date : 02.02.2023

Heard Sri. K.N.Choudhury, learned senior counsel assisted by Sri. N.Barman, learned counsel for the petitioner.

Petitioner who is an individual is aggrieved by the conditions in a notice inviting tender dated 13.01.2023 issued by Samagra Shiksha, Assam. The said NIT is with regard to procurement of furnitures in the form of desk and bench. The petitioner contends that the conditions are such that bidders would be ousted from participating in the same and those also in violation of the Manual for Financial Management and Procurement (FMP) for scheme of Samagra Shiksha, Assam. The learned Senior Counsel has also drawn the attention of this Court to a judgment dated 13.12.2019, passed by this Court on an earlier occasion in amongst other, WP(C)/1984/2019, wherein, under similar conditions, there was interference. The Senior Counsel has also referred to an interim order dated 12.12.2022, passed by this Court in WP(C)/7967/2022, in which there is a interim order not to finalize the process.

On the other hand, Sri. D.Saikia, learned Advocate General, Assam assisted by Sri. S.Bora, learned counsel appearing for the respondents has submitted that the earlier judgment passed in WP(C)/1984/2019, may not have an application as the procurement was for one year and therefore, there is no appeal filed against the same. He further submits that there are other provisions Page No.# 3/3

in the Manual which would justify the present tender. The learned AG however, submitted that though an interim order has been passed in an analogous

matter, the same has been fixed for hearing on 10th of February, 2023.

Issue notice returnable on 10.02.2023.

Sri. D.J.Das, learned CGC accepts notice on behalf of the respondent Nos. 1 and 2 whereas, Sri. S.Bora, learned counsel assisting the learned AG accepts notice on behalf of the respondent Nos. 3 and 4.

Extra copies of the writ petition be served upon the learned counsel by tomorrow.

Heard on the interim prayer.

Following the earlier order passed in the analogous matter namely, WP(C)/7967/2022, it is observed that though there will be no embargo in going ahead with the NIT in question, the same should not be finalized without taking leave of this Court.

As observed above, list along with WP(C)/7967/2022 on 10.02.2023, by which time, the respondents may file their response.

JUDGE

Comparing Assistant