Kumud Barman vs The State Of Assam And 17 Ors
2023 Latest Caselaw 2253 Gua

                                                                    Page No.# 1/13

GAHC010137932021




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

                           Case No. : WP(C)/4350/2021

         KUMUD BARMAN
         S/O. LT. KASHIRAM BARMAN, R/O. VILL. AND P.O. KAJIPARA, P.S.
         NALBARI, DIST. NALBARI.



         VERSUS

         THE STATE OF ASSAM AND 17 ORS.
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, HEALTH AND
         FAMILY WELFARE DEPTT., DISPUR.

         2:THE DIRECTOR OF HEALTH SERVICES

          ASSAM
          HENGRABARI
          GUWAHATI-36.

         3:DEPUTY SECRETARY
         TO THE GOVT. OF ASSAM
          HEALTH AND FAMILY WELFARE DEPTT. OF ASSAM
          DISPUR
          GUWAHATI-36.

         4:THE ADDL. DIRECTOR OF HEALTH SERVICES (A)

          ASSAM
          HENGRABARI
          GUWAHATI-36.

         5:ANJALI DAS
          BHAKTAPARA ROAD
         WORD NO. 1
          NALBARI TOWN
                                     Page No.# 2/13

P.O. AND P.S. NALBARI
DIST. NALBARI
ASSAM-781335.

6:M/S AFREEN COLLECTION

PROPRIETOR ABUL HUSSAIN
M.D. ROAD
P.O. NAGAON
DIST. NAGAON
ASSAM-782001.

7:ASSAM VALLEY ENTERPRISE

PROPRIETOR- MUKTER ALI
TOSEWAR BORA COMPLEX
HOSPITAL ROAD
GOLAGHAT
ASSAM-785621.

8:M/S B. BURAGOHAIN ENTERPRISE

PROPEIRTOR- MR. BHABIT BURAGOHAIN
WARD NO.5
BIBIJAN
TITABAR
JORHAT
ASSAM-785630.

9:BINANDI NEOG
VILL. BORPATARIA
 P.O. AND P.S. DHEMAJI
 DIST. DHEMAJI
ASSAM-787057.

10:BIPRARAJ DAS
VILL. BANAMALI ROAD
 P.O. AND P.S. KARIMGANJ
 DIST. KARIMGANJ
ASSAM-788710.

11:DEBEN DAS
 BHAKTAPARA ROAD
 WORD NO.1
 NALBARI TOWN
 P.O. AND P.S. NALBARI
 DIST. NALBARI
ASSAM-787001.
                                     Page No.# 3/13


12:MRINAL DUTTA
WARD NO.11
 KB. ROAD
 P.O. AND P.S. NORTH LAKHIMPUR
 DIST. LAKHIMPUR
ASSAM-787001.

13:MANTU MAHANTA
VILL. BHALUK GHATA
 P.O. BHALUK GHATA
 P.S. BOKO
 DIST. KAMRUP
ASSAM-781123.

14:PABEN DAS
 PROPRIETOR OF M/S DAS ENTERPRISE
VILL. NALANAPAM
 P.O. PATHSALA
 DIST. BARPETA
ASSAM-781325.

15:PASUPATI DAS
WARD NO.4
 D.D. ROAD
 NALBARI TOWN
 DIST. NALBARI
ASSAM-781337.

16:PRADIP DAS
 PROPRIETOR OF M/S DAS ENTERPRISE
VILL. JALAH
 P.O. JALAHGHAT
 P.S. SIMLA
 DIST. BAKSA
ASSAM-781327.

17:M/S SHIV ENTERPRISE

PROPRIETOR- DEBEN DAS
L.N.B. ROAD
NALBARI TOWN
WARD NO.6
DIST. NALBARI
ASSAM-781335.

18:M/S. J.A. SUPPLIERS
 PROPRIETOR- JALIL AHMED
                                                                 Page No.# 4/13

             P.O. SIVSAGAR
             DIST. SIVSAGAR
             ASSAM-785640

Advocate for the Petitioner   : MR D CHOUDHURY

Advocate for the Respondent : SC, HEALTH




             Linked Case : WP(C)/4351/2021

            JATIN CH. BARMAN
            S/O- LATE BHUBAN BARMAN
             R/O- VILL.- BANEKUCHI
             P.S. AND DIST.- NALBARI
             ASSAM.


             VERSUS

            THE STATE OF ASSAM AND 17 ORS.
            REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
            HEALTH AND FAMILY WELFARE DEPARTMENT
            DISPUR.

            2:THE DIRECTOR OF HEALTH SERVICES
            ASSAM
             HENGRABARI
             GHY-36.
             3:DEPUTY SECRETARY TO THE GOVT. OF ASSAM
            HEALTH AND FAMILY WELFARE DEPARTMENT OF ASSAM
             DISPUR
             GHY-36.
             4:THE ADDITIONAL DIRECTOR OF HEALTH SERVICES (A)
            ASSAM
             HENGRABARI
             GHY-36.
             5:ANJALIL DAS
            BHAKTAPARA ROAD
            WARD NO. 1
             NALBARI TOWN
             P.O.
             P.S. AND DIST.- NALBARI
            ASSAM.
                                    Page No.# 5/13

6:M/S. AFREEN COLLECTION
PROPRIETOR ABUL HUSSAIN
M.D. ROAD
P.O. AND DIST.- NAGAON
ASSAM- 782001.
7:ASSAM VALLEY ENTERPRISE

PROPRIETOR MUKTER ALI
TOSEWAR BORA COMPLEX
HOSPITAL ROAD
GOLAGHAT
ASSAM- 785621.
8:M/S. B. BURAGOHAIN ENTERPRISE
PROPRIETOR MR. BHABIT BURAGOHAIN
WARD NO. 5
BIBIJAN
TITABAR
JORHAT
ASSAM- 785630.
9:BINANDI NEOG
VILL.- BORPATARIA
P.O.
P.S. AND DIST.- DHEMAJI
ASSAM- 787057.
10:BIPRARAJ DAS
VILL.- BANAMALI ROAD
P.O.
PS. AND DIST.- KARIMGANJ
ASSAM- 788710.
11:DEBEN DAS
BHAKTAPARA ROAD
WARD NO. 1
NALBARI TOWN
P.O.
P.S. AND DIST.- NALBARI
ASSAM- 781335.
12:MRINAL DUTTA
WARD NO. 11
KB ROAD
P.O. AND P.S. NORTH LAKHIMPUR
DIST.- LAKHIMPUR
ASSAM- 787001.
13:MANTU MAHANTA
VILL.- BHALUK GHATA
P.O. BHALUK GHATA
P.S. BOKO
DIST.- KAMRUP
ASSAM- 781123.
                                                       Page No.# 6/13

14:PABEN DAS
PROPRIETOR OF M/S. DAS ENTERPRISE
VILL- NALANAPAM
P.O. PATHSALA
DIST. BARPETA
ASSAM- 781325.
15:PASUPATI DAS
WARD NO. 4
D.D. ROAD
NALBARI TOWN
DIST.- NALBARI
ASSAM- 781337.
16:PRADIP DAS
PROPRIETOR OF M/S. DAS ENTERPRISE
VILL.- JALAH
P.O. JALAHGHAT
P.S. SIMLA
DIST.- BAKSA
ASSAM- 781327.
17:M/S. SHIV ENTERPRISE
PROPRIETOR DEBEN DAS
L.N.B. ROAD
NALBARI TOWN
WARD NO. 6
DIST.- NALBARI
ASSAM- 781335.
18:M/S. J.A. SUPPLIERS
PROPRIETOR JALIL AHMED
P.O. AND DIST.- SIVASAGAR
ASSAM- 785640.
------------

Advocate for : MR D CHOUDHURY Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 17 ORS.

Linked Case : WP(C)/4338/2021

JHUMA KUNDU AND ANR D/O LATE LEBU KENDU L W/O ANIMESH PAUL

PO AMCO ROAD PO PS AND DIST DHUBRI ASSAM 783323 Page No.# 7/13

2: ALORANI PAUL W/O LATE MONTU KRISHNA PAUL

DHUBRI TOWN PO PS AND DIST DHUBRI ASSAM 783301 VERSUS

THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI 781006

2:THE DIRECTOR

HEALTH SERVICES ASSAM HENGRABARI GUWAHATI 781036 3:THE TECHNICAL COMMITTEE REPRESENTED BY ITS CHAIRMAN DIRECTOR OF HEALTH SERVICES ASSAM FOR OPENING AND EVALUATION OF TECHNICAL BIDS FOR PROVIDING IN PATIET DIET SERVICE HENGRABARI GUWAHATI 781036

------------

Advocate for : MR H DAS Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 2 ORS.

Linked Case : WP(C)/4352/2021

KABITA BARMAN W/O- SRI KUMUD BARMAN R/O- VILL. AND P.O. KAJIPARA P.S. AND DIST.- NALBARI.

VERSUS Page No.# 8/13

THE STATE OF ASSAM AND 17 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR.

2:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36.

3:DEPUTY SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT OF ASSAM DISPUR GHY-36.

4:THE ADDITIONAL DIRECTOR OF HEALTH SERVICES (A) ASSAM HENGRABARI GHY-36.

5:ANJALIL DAS BHAKTAPARA ROAD

NALBARI TOWN P.O.

P.S. AND DIST.- NALBARI ASSAM.

6:M/S. AFREEN COLLECTION PROPRIETOR ABUL HUSSAIN M.D. ROAD P.O. AND DIST.- NAGAON ASSAM- 782001.

7:ASSAM VALLEY ENTERPRISE

PROPRIETOR MUKTER ALI TOSEWAR BORA COMPLEX HOSPITAL ROAD GOLAGHAT ASSAM- 785621.

8:M/S. B. BURAGOHAIN ENTERPRISE PROPRIETOR MR. BHABIT BURAGOHAIN

BIBIJAN TITABAR JORHAT ASSAM- 785630.

9:BINANDI NEOG VILL.- BORPATARIA P.O.

P.S. AND DIST.- DHEMAJI Page No.# 9/13

ASSAM- 787057.

10:BIPRARAJ DAS VILL.- BANAMALI ROAD P.O.

PS. AND DIST.- KARIMGANJ ASSAM- 788710.

11:DEBEN DAS BHAKTAPARA ROAD

NALBARI TOWN P.O.

P.S. AND DIST.- NALBARI ASSAM- 781335.

12:MRINAL DUTTA

KB ROAD P.O. AND P.S. NORTH LAKHIMPUR DIST.- LAKHIMPUR ASSAM- 787001.

13:MANTU MAHANTA VILL.- BHALUK GHATA P.O. BHALUK GHATA P.S. BOKO DIST.- KAMRUP ASSAM- 781123.

14:PABEN DAS PROPRIETOR OF M/S. DAS ENTERPRISE VILL- NALANAPAM P.O. PATHSALA DIST. BARPETA ASSAM- 781325.

15:PASUPATI DAS

D.D. ROAD NALBARI TOWN DIST.- NALBARI ASSAM- 781337.

16:PRADIP DAS PROPRIETOR OF M/S. DAS ENTERPRISE VILL.- JALAH P.O. JALAHGHAT P.S. SIMLA DIST.- BAKSA ASSAM- 781327.

17:M/S. SHIV ENTERPRISE PROPRIETOR DEBEN DAS L.N.B. ROAD NALBARI TOWN Page No.# 10/13

DIST.- NALBARI ASSAM- 781335.

18:M/S. J.A. SUPPLIERS PROPRIETOR JALIL AHMED P.O. AND DIST.- SIVASAGAR ASSAM- 785640.

------------

Advocate for : MR D CHOUDHURY Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 17 ORS.

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

30.05.2023 Heard Mr. K. Choudhury, the learned counsel for the petitioners in WP(C) No.4350/2021; WP(C) No.4351/2021 and WP(C) No.4352/2021 and Mr. H. Das, the learned counsel for the petitioners in WP(C) No.4338/2021. Also heard Mr. B. Gogoi, the learned counsel appearing on behalf of the Health and Family Welfare Department as well as Mr. D. Das, the learned senior counsel assisted by Mr. R. Sarma, the learned counsel appearing on behalf of all the private respondents.

2. The instant writ petitions were filed challenging the decision of the Technical Committee dated 12.08.2021 in connection with E-tender No.HSBP/02/DIET/2021/113 dated 20.07.2021 and the decision for rejection of the tender communicated to the petitioners in the four writ petitions.

3. It appears on record that on 03.09.2021, when all the four writ petitions were listed, this Court taking into account the stand which has been taken and the request made by the Standing Counsel for the Health Page No.# 11/13

Department directed the matter to be listed for motion on 10.09.2021 and till the next date, the financial bid in respect to the aforesaid E-tender dated 20.07.2021 shall not be opened. It further appears that on 10.09.2021, when the matter was listed, this Court directed for filing of an affidavit by the Director of Health Services by 15.09.2021 and the petitioners were directed to file their reply by 20.09.2021, and accordingly, directed the matter to be listed on 23.09.2021 and till the next date, the interim order passed on 03.09.2021 was directed to be continued. It further appears that on 23.09.2021, this Court further directed the Director of Health Services to place the relevant records in original pertaining to issue involved in the instant writ petitions and directed the writ petitions to be listed again on 05.10.2021 and till then, i.e. 05.10.2021, the interim order passed earlier on 03.09.2021 was directed to remain in force. It appears that on 06.10.2021, the writ petitions were heard and was fixed on 28.10.2021 for necessary order. However, thereafter there has been no order passed by this Court and the matters have been listed today.

4. The learned counsel appearing on behalf of the Health and Family Welfare Department submitted that as per the Clause-1 of the tender documents, it has been mentioned that the said tender was issued for patients' diet services which includes providing all raw materials like grocery, spices, fresh vegetables, egg, milk, LPG cooking gas, firewood etc. for the preparation of food. The learned counsel appearing on behalf of the Health and Family Welfare Department further referring to Clause-1 submitted that the diets which were to be supplied by the tenderers were for a period of 2 years from the date of commencement of the award. The Page No.# 12/13

learned counsel appearing on behalf of the Health and Family Welfare Department further submitted by drawing reference to Clause 4 of the tender documents which stipulates that all rates shall be valid for a period of 2 years from the date of finalization of the tender and the period of contract can be extended for a further period at the discretion of the Competent Authority for a maximum period of a year. The learned counsel appearing on behalf of the Health and Family Welfare Department further submitted that taking into account that the bid validity was for a period of 2 years and only 1 ½ months is left, the Director of Health Services has issued instructions to him on 30.05.2023 intimating that the Directorate of Health Services proposes to issue a fresh tender after cancelling the said tender as it is almost 2 years from the date of issue of the tender. The said instructions are quoted herein under:-

"GOVT. OF ASSAM OFFICE OF THE DIRECTOR OF HEALTH SERVICES, ASSAM HENGRABARI, GUWAHATI

No.HSPB/02/Diet/2021/37 Dated 30.05.2023

From: The Director of Health Services, Assam Hengrabari, Guwahati-36

To, Mr. Budhadeep Gogoi, Standing Counsel, Health Department Guwahati High Court.

Sub: Regarding e-tender for supply of diet to the inpatients of different Health Institutions in the State. Ref.: 1. WP(C) No.4338//2021

2. WP(C) No.4350/2021

3.WP(C) No.4351/2021

4. WP(C) No.4352/2021

5. This Directorate letter No.HSPB/02/Diet/2021/149 dated 26.11.2021

6. This Directorate letter No.HSPB/02/Diet/2021/128 dated 24.08.2021 Page No.# 13/13

Sir,

With reference to the subject cited above, I am to request you once again to kindly let this Directorate know about the present status of the Case under reference. In this regard, it is also to state that the supply of diet to inpatients is a essential matter and the undersigned is waiting for further necessary action on the tender process like opening of financial bids etc. as per Hon'ble Hugh Court order dared 03 09 2021 .

Hence, you are requested to inform the matter to the Hon'ble High Court and take necessary steps to receive a judgment so that this Directorate can issue a fresh tender after cancelling the said tender as it is almost 2 years from the date of issue of the tender.

This is for favour of your information & necessary action.

Yours faithfully, The Director of Health Services, Assam Hengrabari, Guwahati-36 Dated 30.05.2023"

5. In that view of the matter as the respondent authorities proposes to cancel the earlier tender wherein rejection of the petitioners on technical bid was the subject matter of the dispute, nothing survives in the instant writ petitions. This Court, in view of the specific instructions so received as quoted herein above, grants the liberty to the authorities to go ahead with the fresh tender.

6. In view of the above observation and direction, the instant batch of writ petitions stand disposed of.

JUDGE

Comparing Assistant