Gauhati High Court
Page No.# 1/3 vs The State Of Assam And Anr Through The ... on 17 February, 2025
Page No.# 1/3
GAHC010204492024
2025:GAU-AS:1612-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/349/2024
M/S NOVO COMPUTING A REGISTERED PARTNERSHIP CONCERN HAVING
ITS REGISTERED OFFICE AT 1ST FLOOR, BORAH COMMERCIAL
COMPLEX, BELTOLA ROAD, SURVEY, BELTOLA, GUWAHATI, ASSAM-
781028 AND PRINCIPAL PLACE OF BUSINESS AT 202, 2ND FLOOR, GOLDEN
WOODS CONVENIENT, OPPOSITE JANAMBHUMI PRESS, MANIK NAGAR,
RGB ROAD, GUWAHATI- 781005 THROUGH ITS PARTNER AND
AUTHORIZED SIGNATORY, MR. JAYANTA KALITA, AGED ABOUT 42
YEARS, S/O- ASWINI KUMAR KALITA, R/O- MIRZAPUR, NEAR MIRZAPUR
SABHAGHAR, P.O.- AZARA, KAMRUP(M), ASSAM.
VERSUS
1: THE STATE OF ASSAM AND ANR THROUGH THE SECRETARY TO THE
GOVERNMENT OF ASSAM, SKILL, EMPLOYMENT AND
ENTREPRENEURSHIP DEPARTMENT, BLOCK- D, 1ST FLOOR, ASSAM
SECRETARIAT, DISPUR, GUWAHATI- 781006.
2:ASSAM SKILL DEVELOPMENT MISSION THROUGH ITS MISSION
DIRECTOR REPRESENTED BY ITS MISSION DIRECTOR KATABARI DPS
ROAD NH-37 GARCHUK GUWAHATI- 781035 ASSAM
For the Appellant(s) : Mr. K. Khanna, Advocate.
Ms. M. Das, Advocate.
For the Respondent(s) : Mrs. S. Sarma, Govt. Advocate, Assam.
-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI
HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR
17.02.2025
(Vijay Bishnoi, CJ)
This writ appeal is filed by the appellant being aggrieved with the
judgment & order dated 17.09.2024 passed by the learned Single Judge in
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WP(C) No.2055 of 2024.
The appellant/writ petitioner approached the Writ Court with a
grievance that the respondents had deprived them from the benefits under the
preferential policy and the orders, though the appellant/writ petitioner was
entitled for the same.
The learned Single Judge, after taking into consideration the
arguments advanced on behalf of the parties and after taking into consideration
the material available on record, has dismissed the writ petition filed by the
appellant/writ petitioner while observing that since the appellant/writ petitioner
was not meeting the requirement of existence of 10(ten) years, as provided in
the relevant clause of the tender conditions, non-consideration of the technical
bid of the appellant/writ petitioner by the respondents cannot be said to be
illegal.
Mr. K. Khanna, learned counsel for the appellant/ writ petitioner has
frankly submitted that after dismissal of the writ petition, the tender process,
wherein the appellant/writ petitioner had submitted its bid, is already over and
the tender has been awarded to the successful bidder and the work is in
progress.
Taking into consideration the above facts and circumstances of the
case that the tender process in question has already been over and the work
has been awarded to the successful bidder, we are not inclined to interfere in
the matter at this stage.
However, we make it clear that the appellant/writ petitioner would be
at liberty to challenge the action of the State Government in appropriate
proceedings before the appropriate forum for not implementing the preferential
policy for MSMEs and Start-ups in its letter and spirit.
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With these observations, this writ appeal stands disposed of.
JUDGE CHIEF JUSTICE
Comparing Assistant
