Procurement of aluminium roofing sheets by Housing dept
By Our Reporter
SHILLONG, Oct 4: The High Court of Meghalaya on Friday directed the state government to clarify whether the amendment of the clauses recently inserted in the notice inviting quotation (NIQ) on the procurement of the aluminium roofing sheets have altered the eligibility criteria or if the restriction on non-local companies still prevails.
“Though it is not in public interest that such projects be stalled or held up by orders of the court or otherwise, this court however deems it fit at this stage itself to direct the state respondent to clarify this view on the next date,” Acting Chief Justice HS Thangkhiew said in the order.
Keeping in view the fact that the last date for submission of bids as per the NIQ has been fixed at 2 pm on October 15, Justice Thangkhiew directed that the matter be taken up for hearing a day earlier on October 14.
The government has come up with a corrigendum whereby certain clauses have been relaxed to include bonafide citizens of India and bidders “preferably” having their manufacturing units/industries in Meghalaya. However, with regard to the other requirements i.e. registration number and registration certificate with Meghalaya Industrial and Investment Promotion Policy (MIIPP) and with regard to trading license, apart from doing away with the three prior years of possessing one, no other change have been effected.
ND Chullai, AAG, assisted by Government Attorney, ER Chyne submitted before the court that there is no bar for the petitioner to submit their bid and that acceptance or rejection of the bid will be consequent upon the examination of the same by the duly constituted tender committee.
On the relaxation of the clause with regard to residency and manufacturing units, he submitted that the petitioner should no longer be aggrieved.
He further contended that the prescription of eligibility criteria being within the exclusive domain of the owner of the work, no judicial review is called for.
“Having heard learned counsel for the parties, the only doubt that remains in the mind of the court is to whether the amendment of the clauses as inserted have altered the eligibility criteria, or with the retention of the requirement for registration with MIIPP, the restriction still prevails…”
“Though no doubt, the court cannot substitute or prescribe clauses over and above the conditions prescribed in the tender, the only concern is that Article 14 should not be breached, to ensure that there is a level playing field without any hint of cartelization, or limiting the bids to such an extent that the same will be limited to only a few manufacturers,” the court said.