Page No.# 1/ vs The State Of Assam And 4 Ors
2025 Latest Caselaw 8753 Gua

Gauhati High Court

Page No.# 1/ vs The State Of Assam And 4 Ors on 20 November, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/11

GAHC010220802024




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

                          Case No. : WP(C)/5479/2024

         M/S INDIRA ENTERPRISE AND ANR
         PITHAKHAWA, P.O. PITHAKHAWA, DIST. SONITPUR, ASSAM, PIN- 784153,
         REPRESENTED BY ITS AUTHORISED SIGNATORY SRI DIGANTA KUMAR
         NATH.

         2: DIGANTA KUMAR NATH
          PROPRIETOR M/S INDIRA ENTERPRISE
          SON OF LATE NANDARAM NATH
          R/O- VILL.- BIHAGURI
         TEZPUR
          DIST. SONITPUR
         ASSAM
          PIN- 784153

         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR,
         GUWAHATI-781006.

         2:THE DIRECTOR OF MEDICAL EDUCATION
          SIXMILE
         ASSAM

         3:THE PRINCIPAL-CUM-CHEF SUPERINTENDENT
          NAGAON MEDICAL COLLEGE AND HOSPITAL
          LAOKHOWA ROAD
          MOHKHULI CHARIALI
          DIPHALU
          NAGAON
         ASSAM
          PIN- 783002.
                                                                Page No.# 2/11

         4:THE SUPERINTENDENT
          NAGAON MEDICAL COLLEGE AND HOSPITAL
          LAOKHOWA ROAD
          MOHKHULI CHARIALI
          DIPHALU
          NAGAON
         ASSAM
          PIN- 783002.

         5:RANJIT BARUAH
          S/O- LATE PURENDRA NATH BARUAH
          NATUN TEKALA GAON
         A.T. ROAD
          P.O. MOHANGHAT
          DIBRUGARH
          PIN- 786006

                                BEFORE
          HONOURABLE MR. JUSTICE DEVASHIS BARUAH

Advocate for the petitioner (s) : Mr. A. K. Baruah, Advocate

Advocate for the respondent (s) : Mr. D. P. Borah,
                                  SC, Health Deptt.
                                  Mr. J. Deka, Advocate

Date on which judgment is reserved         : NA

Date of pronouncement of judgment          : 20.11.2025

Whether the pronouncement is of the
Operative part of the judgment?            : NA

Whether the full judgment has been
Pronounced?                                : Yes
                      JUDGMENT AND ORDER (ORAL)

Heard Mr. A. K. Baruah, the learned counsel appearing on behalf of the petitioners. Mr. D. P. Borah, the learned counsel Page No.# 3/11

appears on behalf of the respondent Nos.1, 2, 3 & 4 and Mr. J. Deka, the learned counsel appears on behalf of the respondent No.5.

2. The petitioners have approached this Court challenging the work order issued in favour of the private respondent No.5 as contained in the letter dated 20.09.2024 and further to set aside and quash the decision of the Authorities in curtailing the tenure of the agreement dated 03.04.2023 which was entered into by and between the petitioners and the Respondent Authorities.

3. The brief facts of the case are that in the year 2023, the Nagaon Medical College and Hospital, Nagaon was established. Pursuant thereto, an agreement was entered into on 03.04.2023 between the petitioner No.1 firm and the respondent No.4 for outsourcing of dietary service in Nagaon Medical College and Hospital, Nagaon. It is relevant to observe that the said contract agreement was entered into without a tender process being initiated and solely on the basis that the petitioner No.1 had a good track record in supplying dietary services in various Government hospitals.

4. A perusal of the said agreement which has been enclosed at Annexure-B to the writ petition reveals that the period of the contract was for two years w.e.f. 23.02.2023. While the said Page No.# 4/11

contract was in force, a Notice Inviting Tender was issued on 08.11.2023 for providing health care kitchen and dietary services to the Nagaon Medical College and Hospital, Nagaon. The petitioners being aggrieved on account of curtailing of the period of the agreement entered into on 03.04.2023, approached this Court challenging the curtailment of the agreement dated 03.04.2023. However, the petitioners did not challenge the Notice Inviting Tender dated 08.11.2023. The reason being that the petitioners participated in the said tender process but failed in the evaluation.

5. It is further relevant to note that pursuant to the said tender process, the respondent No.5 was adjudged as the L1 bidder. However, the Respondent Authorities, more particularly the respondent No.3 neither entered into the agreement nor issued the work order. Resultantly, the respondent No.5 filed a writ petition before this Court which was registered and numbered as WP(C)No.1878/2024 being aggrieved by the non-awarding of the contract inspite of being evaluated as the L1 bidder.

6. It is also apposite to observe that the Respondent Authorities permitted the petitioners who failed in the tender evaluation process to continue supplying diet in the hospital. Under such circumstances, an Interlocutory Application was filed being I.A.(C) No.2612/2024.

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7. The learned Coordinate Bench of this Court vide an order dated 11.09.2024 recorded the submission of the Respondent Authorities that the Respondent Authorities have not granted the contract to the Respondent No.5 as the rate quoted by the Respondent No.5 was too low and at that rate nutritious food cannot be supplied. However, the matters stood adjourned in view of the clarification sought for by this Court as to what should be the rate at which the nutritious foods can be supplied according to the Respondent Authorities.

8. On 18.09.2024, the learned Coordinate Bench of this Court while dealing with WP(C) No.1878/2024 recorded the stand of the Respondent Authorities that the Respondent Authorities would like to have a negotiation with the Respondent No.5 herein, and accordingly, fixed the matter on 03.10.2024. It was also observed that the parties may sit over the matter on 20.09.2024 at 2:00 PM and settle the issue.

9. On 20.09.2024, pursuant to the negotiation made between the Respondent Authorities as well as the Respondent No.5 herein, it was agreed to that the Respondent No.5 would be issued a work order for supplying diet for patients for one year with effect from a date to be decided once the guidelines in Point No.3 of the order dated 20.09.2024 is made clear. This order of 20.09.2024 is the subject matter of challenge in the present writ Page No.# 6/11

petition.

10. It is further relevant to take note of that in view of the order dated 20.09.2024, the writ petition being WP(C) No.1878/2024 was closed. The present writ petition was filed on 21.10.2024 challenging the order dated 20.09.2024 as well as the action on the part of the Respondent Authorities in curtailing the agreement dated 03.04.2023.

11. The learned Coordinate Bench of this Court vide an order dated 28.10.2024 while issuing notice directed the parties to maintain status quo as on 28.10.2024. On 04.04.2025, when the petition was listed, the order dated 28.10.2024 was vacated and the Authorities of the Nagaon Medical College and Hospital, Nagaon were permitted to make alternative arrangements for supply of dietary articles to inpatients in the said hospital. The learned Coordinate Bench also observed that the respondents shall not finalize the Notice Inviting Tender dated 18.11.2023 till the next returnable date.

12. The Respondent No.5 thereupon filed an application seeking vacation, modification of the order dated 04.04.2025 and further seeking appropriate directions for modification, rectification to the agreement dated 01.11.2024 to enable the applicant to start and complete the contractual term of one year Page No.# 7/11

without further delaying the matter unreasonably.

13. The learned Coordinate Bench vide an order dated 26.09.2025 by the detail order did not extend the order dated 04.04.2025.

14. This Court further finds it relevant to take note of another development that pursuant to the order dated 20.09.2024, the Respondent Authorities have entered into an agreement with

respondent No.5 on 1st of November, 2024 whereby it was mentioned that the contract agreement would come into effect with effect from the date of the contract agreement and shall remain valid for a period of one year from that date.

15. It is apposite to mention that while the present proceedings were going on, the Respondent No.5 admittedly could not carry out its contractual obligations in terms with the contract agreement dated 01.11.2024. Be that as it may, on 15.10.2025, the respondent No.3 had issued a communication to the respondent No.5 that the period of the contract had come to an end on 21.10.2025, and as such, in greater public interest a new tender for the diet service of Nagaon Medical College and Hospital, Nagaon has been floated on 15.10.2025 and the respondent No.5 was all further informed that if he had any objection or representation, he can submit on or before Page No.# 8/11

31.10.2025.

16. It is the case of the respondent No.5 that pursuant thereto on 31.10.2025, the representation was submitted and the same is yet to be considered.

17. In the backdrop of the above, the present writ petition has been listed before this Court today for final disposal.

18. Let this Court first take up as to whether the petitioners' case merits any consideration. As stated above, the petitioners have sought for two reliefs. First is the challenge to the order dated 20.09.2024 whereby the Respondent No.5 was issued the work order, and second, quashing the decision to curtail the agreement dated 03.04.2023.

19. It is an admitted fact that the petitioner pursuant to the Notice Inviting Tender dated 08.11.2023 participated in the said tender process, and thereupon, having been not successful has filed the instant writ petition on 21.10.2024 thereby challenging the curtailment of the rights in terms with the agreement dated 03.04.2023.

20. It is the opinion of this Court that the agreement dated 03.04.2023 was contrary to the well settled principles of law in as much as the State largesse cannot be granted in the manner by which the Respondent Authorities entered in the Agreement Page No.# 9/11

dated 03.04.2023. Under such circumstances, the issuance of the NIT dated 08.11.2023 was the right course of action adopted. Secondly, the petitioners by participating in the very tender process initiated vide NIT dated 08.11.2023, the petitioners have waived their right in respect to the agreement dated 03.04.2023. Thirdly, without a challenge to the Notice Inviting Tender dated 08.11.2023, the petitioners cannot seek the relief challenging the decision to curtail the rights under the agreement dated 03.04.2023.

21. Now let this Court take up as to whether the petitioner has been able to make out a case for challenge to the order dated 20.09.2024. The respondent No.5 was the lowest bidder. Further pursuant to the negotiation which was done on the basis of the order passed by this Court in WP(C) No.1878/2024, the order dated 20.09.2024 was passed. The grounds taken in the instant writ petition to challenge the order dated 20.09.2024 is not only misconceived but outrageous.

22. Considering the above, this Court therefore is of the opinion that the petitioners' writ petition lacks merit and accordingly is required to be dismissed.

23. Be that as it may, in the meantime there has been certain development as noted above in as much as the Respondent Page No.# 10/11

Authorities by the communication dated 15.10.2025 informed the Respondent No.5 that the period of the contract with the respondent No.5 had come to an end on 21.10.2025 and the NIT was floated on 15.10.2025. The Respondent No.5 was given an opportunity to submit a representation on or before 31.10.2025 and the respondent No.5 had duly submitted a representation. It is relevant to take note that the communication dated 15.10.2025; the issuance of the Notice Inviting Tender dated 15.10.2025 as well as the non-consideration of the representation dated 31.10.2025 is not a subject matter of the present writ petition.

24. This Court during the course of hearing enquired with Mr. D. P. Borah, the learned counsel appearing on behalf of the Respondent Authorities as regards the stand in so far as the issuance of the Notice Inviting Tender dated 15.10.2025 as well as the representation so submitted by the respondent No.5 dated 31.10.2025, it was submitted that no such decisions have been taken taking into account the pendency of the instant writ petition.

25. Considering the above, the instant writ petition therefore stands disposed of with the following observations and directions:-

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(i) The present writ petition lacks merit, and accordingly, stands dismissed.

(ii) This Court has not decided anything as regards the communication dated 15.10.2025 issued by the respondent No.3; the initiation of a tender process by the Notice Inviting Tender dated 15.10.2025 as well as the non-

consideration of the representation dated 31.10.2025. The said causes of action shall be subject to such other proceedings, if so advised.

(iii) There shall be no order as to costs.

                                                          JUDGE




Pradip Kumar          Digitally signed by Pradip Kumar
                      Kalita
Kalita                Date: 2025.11.21 18:01:42 +05'30'


Comparing Assistant