Gauhati High Court Page No.# 1/13 vs The State Of Assam And 12 Ors on 12 November, 2024 Page No.# 1/13 GAHC010167452024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4258/2024 M/S CHAYANIKA HANDLOOM PRODUCTS AND ANR SOLE PROPRIETORSHIP CONCERN REPRESENTED BY ITS PROPRIETOR SRI HRISHIKESH DEKA AND HAVING ITS REGISTERED OFFICE AT GOPAL BAZAR, NALBARI, DIST. NALBARI, ASSAM, PIN 781353. 2: HRISHIKESH DEKA (SOLE PROPRIETOR) SON OF SRI DHIRENDRA NATH DEKA R/O GOPAL BAZAR NALBARI DISTRICT NALBARI ASSAM PIN 781353 VERSUS THE STATE OF ASSAM AND 12 ORS REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF HANDLOOM, TEXTILES AND SERICULTURE, GOVT. OF ASSAM, DISPUR, GHY6, ASSAM 2:THE DIRECTOR OF HANDLOOM AND TEXTILES ASSAM GNB ROAD AMBARI GHY781001 ASSAM 3:THE BID EVALUATION COMMITTEE REPRESENTED BY THE CHAIRMAN BEING THE DIRECTOR OF HANDLOOM AND TEXTILES ASSAM GNB ROAD AMBARI GHY781001 Page No.# 2/13 ASSAM 4:M/S ARUNODOI UDYOG KAIKARA MANGALDAI DIST. DARRANG ASSAM PIN 784125. 5:M/S B.R. TEXTILES DAKARGHAT BYEPASS DIST. NAGAON ASSAM PIN 782003. 6:M/S BARUAH TIMBER DEPOT AND SUPPLIERS KAIKARA PATIDARRANG MANGALDAI DIST. DARRANG ASSAM PIN 784125. 7:M/S JIMACHAYA INDUSTRIES DAKHINGAON KAHILIPARA GUWAHATI DIST. KAMRUP(M) ASSAM PIN 781019. 8:M/S MAA SLEY HOUSE CHAMATA DIST. NALBARI ASSAM PIN 781306. 9:M/S MANOJ BAH BET UDYOG WARD NO. 12 HAJO ROAD DIST. NALBARI ASSAM PIN 781102. 10:M/S SIPINI BHANDAR MUNICIPALITY MARKET BARPETA ROAD Page No.# 3/13 DIST. BARPETA ASSAM PIN 781315. 11:M/S PALMARIAN ENTERPRISE DERGAON TOWN WARD NO. 2 DIST. GOLAGHAT ASSAM PIN 785614. 12:M/S POPULAR FURNITURE AND WEAVING INDUSTRIES NILBAGAN DIST. HOJAI ASSAM PIN 782445. 13:M/S RANU INDUSTRIES RONGAJAN CHARIALI KURUKA MORONGI DIST. GOLAGHAT ASSAM PIN 785613 BEFORE HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA For the petitioner : Mr. B. Sharma, Advocate For the respondent nos.1 to 3 : Mr. R. Dhar, G.A., Assam. For the respondent nos.4 to 13 : Mr. D.K. Nath, Advocate. Date of hearing & Judgment : 12.11.2024 JUDGMENT AND ORDER 1. Heard Mr. B. Sharma, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned counsel for the State respondents No.13. Mr. D.K. Nath, learned counsel appears for the private respondents No.413. Page No.# 4/13 2. The grievance of the petitioners is that the petitioners' tender bid has been disqualified by the Technical Evaluation Committee, vide meeting minutes dated 22.02.2024, on the ground that the petitioners had submitted documents, which were not in conformity with Clause 13(h) of the NIT. 3. The petitioners' case is that they had participated in eTender Notice dated 11.01.2024 (hereinafter referred to as the 'NIT'), for empanelment of manufacturers and suppliers for supply of handloom and handloom accessories under the various schemes of Government of India and Government of Assam, implemented by the Directorate of Handloom and Textiles, Assam. 4. The petitioners' counsel submits that in terms of Clause 3(b) of the NIT, relating to the eligibility criteria of the bidders, bidders were to have not less than Rs. 50 Lakhs as the average annual financial turnover during the last three years, i.e., 20202021, 20212022 & 20222023 and they were also required to have the experience of supply of handloom and handloom accessories for an aggregated value of a minimum of Rs. 10 Lakh during the last three financial years in terms of Clause 3(c). He further submits that in terms of Clause 3(e) of the NIT, Micro and Small Enterprises (MSEs) are exempt from prior turnover and experience in all public procurements, subject to meeting the quality and technical specification. 5. The petitioners' counsel submits that even though the petitioners were a small enterprise, registered as a Small and Micro Enterprise (MSE), who were not required to submit the average annual financial turnover and