Gauhati High Court M/S Novo Computing vs The State Of Assam And Anr on 17 September, 2024 Page No.# 1/12 GAHC010074892024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2055/2024 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 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 NH37 GARCHUK GUWAHATI 781035 ASSAM Page No.# 2/12 BEFORE Hon'ble MR. JUSTICE SANJAY KUMAR MEDHI Advocate for the petitioner : Shri Shri K. Khanna, Advocate. Advocate for the respondents : Shri B. Goswami, learned Additional Advocate General, Assam. Date of hearing : 10.09.2024 Date of Judgment : 17.09.2024 Judgment & Order The present petition under Article 226 of the Constitution of India has been filed in connection with a tender process initiated vide an NIT dated 05.03.2024 issued by the Government of Assam, Assam Skill Development Mission for selection of implementing agency for upgradation and customization of IT and MIS system of Assam Skill Development Mission. The grievance of the petitioner is mainly in connection with the deprivation from the benefits under the preferential policy and orders which according to the petitioner, it is entitled to. 2. As per the facts projected, the petitioner is a registered partnership firm having registration as Micro Enterprise (Udyam). The Assam Skill Development Mission (hereinafter Mission) had floated the aforesaid NIT dated 05.03.2004 with which the petitioner was interested. It is the case of the petitioner that being registered as a micro enterprise, it is entitled to the benefits of the provisions of the Assam Procurement Preference Policy, 2021 and The Procurement Preferential Order, 2017 of the Government of India as well as the Assam Public Procurement Act, 2017. It is projected that the terms incorporated in the tender notice are in violation of the aforesaid preferential provisions and have been termed as arbitrary and unreasonable. It is also the Page No.# 3/12 case of the petitioner that there is an obligation on the part of the respondent authorities to ensure that the eligibility conditions do not result in unreasonable exclusion of local suppliers. However, the conditions have been set up to selectively exclude the petitioner from the participation in the tender process. 3. I have heard Shri K. Khanna, learned counsel for the petitioner. I have also heard Shri B. Goswami, learned Additional Advocate General, Assam appearing for the respondents. 4. Shri Khanna, learned counsel for the petitioner has submitted that the petitioner was incorporated in the year 2019 and is covered under the Micro, Small & Medium Enterprises Development Act, 2006 (hereinafter MSME Act). He has also submitted that the petitioner gets benefits under the Assam Public Procurement Act of 2021. He has drawn the attention of this Court to the said Act of 2021 wherein the various benefits are to be granted to micro industries. As per Section 4 (3), the aspect of Udyam Registration has been laid down which shall be eligible under the policy. Under section 4 (9), it has been laid down that the policy will not be applicable for procurement under the externally aided projects. It is submitted that the present tender process would not be covered by the aforesaid Section 4 (9). 5. Attention of this Court has also been drawn to Section 7 which is in connection with the mandatory procurement from small and micro enterprise and in Section 9, the purchase preference has been laid down. It is submitted that as per the said purchase preferenc