Gauhati High Court Page No.# 1/14 vs The State Of Assam And 12 Ors on 26 November, 2024 Page No.# 1/14 GAHC010167352024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4323/2024 M/S N P ASSOCIATES AND ANR A SOLE PROPRIETORSHIP CONCERN REPRESENTED BY ITS PROPRIETOR SRI NILOTPAL PACHANI AND HAVING ITS REGISTERED OFFICE AT VILL. NAKARI WARD NO. 1, LAKHIMPUR, DIST. LAKHIMPUR, ASSAM, PIN 781306. 2: NILOTPAL PACHANI (SOLE PROPRIETOR) SON OF LATE TANKESWAR PACHANI RESIDENT OF VILLAGE NAKARI WARD NO. 1 LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN 781306 VERSUS THE STATE OF ASSAM AND 12 ORS REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF HANDLOOM, TEXTILES AND SERICULTURE, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI6, ASSAM. 2:THE DIRECTOR OF HANDLOOM AND TEXTILES ASSAM GNB ROAD AMBARI GUWAHATI 781001 ASSAM. 3:THE BID EVALUATION COMMITTEE Page No.# 2/14 REPRESENTED BY THE CHAIRMAN BEING THE DIRECTOR HANDLOOM AND TEXTILES ASSAM GNB ROAD AMBARI GUWAHATI 781001 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 Page No.# 3/14 HAJO ROAD DIST. NALBARI ASSAM PIN 781102. 10:M/S SIPINI BHANDAR MUNICIPALITY MARKET BARPETA ROAD DISTRICT BARPETA ASSAM PIN 781315. 11:M/S PALMARIAN ENTEREPRISE 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 TINIALI KURUKA MORONGI DIST. GOLAGHAT ASSAM PIN 785613 BEFORE HONOURABLE 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 : 12.11.2024. Date of Judgment : 26.11.2024. Page No.# 4/14 JUDGMENT AND ORDER (CAV) 1. Heard Mr. B. Sharma, learned counsel for the petitioners. Also heard Mr. Mr. R. Dhar, learned counsel for the State respondents and Mr. D.K. Nath, learned counsel for the private respondents. 2. The grievance of the petitioners is that the petitioners' technical bid has been disqualified by the Technical Bid Evaluation Committee, vide meeting minutes dated 22.02.2024, on the ground that the petitioners had (1) submitted documents, which were not in conformity with Clause 13(h) of the NIT, as the petitioners did not submit the Annual Audited Report (balance sheet and profit & loss account) and Income Tax Return for one particular year, i.e. 2022 2023 and (2) UDIN number in CA Certificate was not distinct. 3. The petitioners' case is that the petitioners participated in the 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 Clau