Page No.# 1/4 GAHC010253652025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6484/2025 EASTERN TECHNOLOGY GROUP HAVING ITS REGISTERED OFFICE AT AIDC, R.G. BARUAH ROAD, GUWAHATI-78L024, REPRESENTED BY ITS SOLE PROPRIETOR, SRI DEEPAK CHOUDHURY, AGED ABOUT 51 YEARS, SON OF SHRI DHARANI CHOUDHURY, RESIDENT OF FLAT NO. 4E, DICHANG APARTMENT, BELTOLA TINIALI, GUWAHATI, DIST. KAMRUP (M), ASSAM PIN-781028 VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI, DISTRICT - KAMRUP M, PIN - 781006, ASSAM. 2:THE ADARSHA VIDYALAYA SANGHARSHA ASSAM REPRESENTED BY ITS MANAGING DIRECTOR KAHILIPARA GUWAHATI DISTRICT - KAMRUP (M) PIN - 781019 ASSAM 3:MANAGING DIRECTOR THE ADARSHA VIDYALAYA SANGHARSHA ASSAM KAHILIPARA GUWAHATI DIST. KAMRUP(M) ASSAM PIN-78101 Page No.# 2/4 Advocate for the Petitioner : MR. S BANIK, MS F BEGUM,MR. N BARMAN Advocate for the Respondent : 0, MR A PHUKAN, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 25.06.2026 Heard Shri S. Banik, learned Senior Counsel for the petitioner assisted by Ms. F. Begum, learned counsel. Also heard Shri A. Phukan, learned Standing Counsel, Elementary Education Department as well as Adarsha Vidyalaya Sangathan. 2. Considering the facts and circumstances and as agreed to by the learned counsel for the parties, the instant writ petition is taken up for disposal at the admission stage. Briefly stated the grievance of the petitioner is against two Clauses in an NIT dated 17.10.2025 which is termed to be unreasonable and arbitrary. 3. As per facts projected, an NIT was floated on 17.10.2025 for procurement of “Interactive Panels with CPU (Q2), Line Interactive UPS with AVR (V2) (Q2)”. The petitioner being a proprietor was an interested party. 4. The learned Senior Counsel for the petitioner has submitted that the opening date of the tender was extended from time to time and before the expiry of the last notice, the instant writ petition was filed and there is an interim order operating. 5. By drawing the attention of this Court to the impugned Clauses, the learned Senior Counsel has submitted that Clause No. 1 pertains to the status of a bidder which has to be a company/firm under the Indian Companies Act, Page No.# 3/4 1956 or registered under the Limited Liability Partnership (LLP) Act, 2008. As per clause 7, the bidder should not be blacklisted at any point of time. 6. The learned Senior Counsel has submitted that there is no scope of registering a proprietorship firm under either of the statute mentioned in Clause 1. So far as clause 7 is concerned, he has submitted that blacklisting is for a particular period in which there is debarment and such blacklisting cannot be given the effect to act in perpetuity. 7. For ready reference, the impugned Clauses are extracted herein below: “1. Bidder must be a Company/Firm/Proprietorship incorporated under the Indian Companies Act 1956 or Firm registered under The Indian Limited Liability Partnership Act, 2008. 7. Bidder should not have been blacklisted or debarred at any Central / State Government Organization / PSU’s / Government Educational Institutions etc. at any point of time, Notarized undertaking to be submitted from Bidder.” 8. As observed above, this Court had passed an interim which is in operation. 9. Shri Phukan, the learned Standing Counsel has however submitted that the matter has been revisited and a decision has been taken for floating a new tender by cancelling the earlier tender in which the impugned Clauses would not be there. 10. The aforesaid two Clauses ex facie appear to be unreasonable and it also appears that there was no proper application of mind. However, as submitted by the learned Standing Counsel, the situation has been taken care of by the respondents by taking a decision to initiate a fresh tender process without those two Clauses. 11. In view of the aforesaid development, the instant petition stands closed Page No.# 4/4 with liberty to the respondent authorities to initiate a fresh tender without the aforesaid two Clauses 1 and 7 which were there in the NIT dated 17.10.2025. 12. Writ petition stands disposed of. JUDGE Comparing Assistant