Office At Opposite Rahman Hospital vs Tezpur University And 3 Ors
2024 Latest Caselaw 4271 Gua

Gauhati High Court

Office At Opposite Rahman Hospital vs Tezpur University And 3 Ors on 13 June, 2024

Author: Suman Shyam

Bench: Suman Shyam

                                                                     Page No.# 1/3

GAHC010109722024




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

                                   Case No. : WA/187/2024

            ALL ASSAM PRIVATE SECURITY AGENCIES ASSOCITION
            HAVING REGISTRATION NO. KAM(M)/263/D/128 OF 2013-14, REGISTERED
            OFFICE AT OPPOSITE RAHMAN HOSPITAL, SIXMILE, KHANAPARA,
            GUWAHATI-781022, KAMRUP(M), ASSAM, REPRESENTED BY THE
            PRESIDENT



            VERSUS

            TEZPUR UNIVERSITY AND 3 ORS
            A CENTRAL UNIVERSITY ESTABLISHED UNDER A CENTRAL ACT,
            NAPAAM, DIST. SONITPUR, ASSAM, PIN- 784028.
            REP. BY ITS VICE CHANCELLOR

            2:THE REGISTRAR
            TEZPUR UNIVERSITY
             PIN- 784028.

            3:THE DEPUTY REGISTRAR
             GENERAL ADMINISTRATION
             REPRESENTING THE TENDER EVALUATION COMMITTEE.

            4:THE SECRETARY TO THE GOVT. OF INDIA
             MINISTRY OF HIGHER EDUCATION
             127-C
             SHASTRI BHAWAN
             NEW DELHI-110001

Advocate for the Petitioner   : MR. N DEKA

Advocate for the Respondent : SC, T U
                                                                               Page No.# 2/3


                                  BEFORE
                    HONOURABLE MR. JUSTICE SUMAN SHYAM
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                           ORDER

Date : 13-06-2024 Heard Mr. K.N. Choudhury, learned Sr. counsel assisted by Mr. N. Deka, learned

counsel for the writ appellant. Also heard Mr. S.C. Keyal, learned standing counsel, Tezpur

University appearing for the respondent Nos. 1 to 4.

Assailing the judgment and order dated 16-05-2024 passed by the learned Single

Judge in W.P.(C) No. 956/2024 rejecting the challenge made by the writ appellant as

petitioner to certain clauses in the NIT dated 15-02-2024 issued by the Tezpur University

for the purpose of awarding the contract of hiring security personnels in the Tezpur

University, the instant writ appeal has been filed inter-alia contending that some of the

terms and conditions contained in the impugned NIT are onerous and have been

deliberately inserted so as to eliminate the local bidder.

Mr. S.C. Keyal, learned standing counsel, Tezpur University, on the other hand, has

produced the departmental file to submit that on processing the tender, work order has

already been issued in the name of the successful bidder, viz. M/s GDX Security Soluttions

Pvt. Ltd. having its registered office at New Delhi and therefore, without hearing the

successful bidder, the writ appeal cannot be decided on merit.

At this stage, Mr. Choudhury undertakes to file amended cause title by impleading

the successful bidder, if leave to that effect is granted by this Court.

Leave, as prayed for by the appellant is granted based on the oral prayer of the Page No.# 3/3

learned Sr. counsel. The appellant may file amended cause title by tomorrow, impleading

the successful bidder as respondent No. 5.

Subject to compliance of the above condition, in view of the urgency expressed in

the matter by Mr. Choudhury, the writ appeal be listed again on 19-06-2024, as a fixed

item.

                          JUDGE                      JUDGE
GS




Comparing Assistant