Gauhati High Court
Rajib Haque vs The State Of Assam And Ors on 14 August, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/6
GAHC010179302025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4627/2025
RAJIB HAQUE
S/O SAHIDUL HAQUE R/O SOUTH HAIBARGAON GHUTLAIPATTY
HUSSAIN ALI HAZARIKA ROAD PS NAGAON SADAR DIST NAGAON
ASSAM
VERSUS
THE STATE OF ASSAM AND ORS
REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT DISPUR
GUWAHATI 6
2:THE SECRETARY
TO THE GOVT OF ASSAM FOOD CIVIL SUPPLIES AND CONSUMER
AFFAIRS DEPTT DISPUR GUWAHATI 6
3:THE DISTRICT COMMISSIONER
BISWANATH
DIST BISWANATH PIN 78417
Advocate for the petitioner(s): Ms. P Boruah
Advocate for the respondent(s): Mr. M Chetia, Govt. Advocate, Assam
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BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
14.08.2025
Heard Ms. P Boruah, the learned counsel appearing on behalf of
the petitioner.
2. Issue notice making it returnable on 27.08.2025.
3. Mr. M Chetia, the learned Government Advocate, Assam, who
appears and accepts notice on behalf of the respondent Nos.1, 2 and
3.
4. Extra copies of the writ petition be served upon Mr. Chetia, the
learned Government Advocate during the course of the day.
5. The petitioner herein is aggrieved by the rejection of its technical
bid vide the email dated 07.08.2025. The materials on record show
that the Notice Inviting Tender (NIT) was issued by the respondent
No.3 for Selection/Appointment of Handling Transport Contractor for
Transportation of Food-Grains under the NFSA' 2013 of Biswanath
District vide NIT dated 27.06.2025.
6. It is the further case of the petitioner that amongst the various
terms stipulated in the NIT, one of the terms is that the bidder has to
upload the copy of the Solvency Certificate of not less than 3(three)
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crores received from the Bank along with the copy of authentic
audited financial statement (Balance Sheet, Profit and Loss Account)
for the last 3(three) years i.e. 2022-2023, 2023-2024, 2024-2025.
7. The petitioner along with various other bidders participated in the
said tender process. It is further pertinent to take note of that the
petitioner in terms with Clause 5 of the NIT dated 27.06.2025
submitted a solvency certificate issued by the Branch Manager
Nagaon Branch of the Indian Bank. The said Solvency Certificate has
been enclosed as Annexure-E to the writ petition. From a perusal of
the said Solvency Certificate it transpires that the date was put on
15.07.2024, though it specifically refers to the tender notice in
question i.e. ECF.136334/426795 dated 27.06.2025. A perusal of the
said Solvency Certificate and, more particularly, the date mentioned
therein appears to be clerical error committed by the Branch Manager,
Indian Bank, inasmuch as, the year could not have been 2024, as
there is reference to the NIT dated 27.06.2025.
8. The grievance of the petitioner herein is that the petitioner's
technical bid was rejected on the ground that the Solvency Certificate
was dated 15.07.2024 and it was informed to the petitioner vide an
email dated 07.08.2025. The record further reveals that the petitioner
immediately thereupon submitted a representation on 07.08.2025
enclosing therewith another certificate issued by the Branch Manager,
Nagaon Branch of the Indian Bank dated 07.08.2025, wherein the
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Branch Manager of the Indian Bank had duly mentioned that there
was a mistake committed by the Bank in putting the date. The
grievance of the petitioner is that the respondent authorities have no
intention of considering the said representation and it is under such
circumstances, the petitioner has approached this Court.
9. Mr. M Chetia, the learned counsel appearing on behalf of the
respondent Nos.1, 2 and 3 submits that as the contract in question
pertains for Selection/Appointment of Handling Transport Contractor
for Transportation of Food-Grains under the NFSA' 2013 of Biswanath
District vide NIT dated 27.06.2025, the instant litigation requires to be
disposed of at the earliest and as such he would file an affidavit on or
before the next date.
10. This Court had also heard the learned counsels on the aspect as
to whether any interim directions can be passed in the instant case.
11. From the materials on record, it shows that the date which has
been mentioned in the Solvency Certificate enclosed as Annexure-E to
the writ petition is 15.07.2024 which, prima facie, appears to be a
clerical error, more so, when there was a reference to the NIT dated
27.06.2025. The said aspect had been further clarified by the Branch
Manager, Indian Bank vide another Certificate dated 07.08.2025. The
question, therefore, arises is as to whether the action on the part of
the respondent authorities to reject the technical bid of the petitioner
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was reasonable and fair, that too, without asking for any clarification.
Prima facie, it is the opinion of this Court that the rejection of the
petitioner's Technical Bid was not reasonable or fair, rather it appears
to be arbitrary and irrational.
12. This Court further upon perusal of the Solvency Certificate
wrongly dated as 15.07.2024 is also of the opinion that the contents
of the said document appears to be in consonance to Clause 5 of the
NIT.
13. In view of the above, this Court, therefore, is of the opinion that
the petitioner has been able to make out a case for passing interim
directions.
14. Accordingly, this Court directs the respondent authorities not to
further proceed with the tender process in respect to the NIT dated
27.06.2025 till the next date fixed.
15. This Court further taking into account the judgment of the
Supreme Court in the case of Afcons Infrastructure Ltd Vs.
Nagpur Metro Rail Corporation Ltd. & Anr. reported in (2016)
16 SCC 818 gives the liberty to the petitioner to array the bidders
whose names appear at page 39 of the writ petition.
16. List again on 27.08.2025.
JUDGE
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Comparing Assistant
