Page No.# 1/4 GAHC010248542024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A(Civil) 109/2025 in WP(C)/6158/2024 MR. RIPONJYOTI SARMAH @ RIPON SARMAH S/O KHAGEN SARMAH PROPRIETOR OF M/S KAZIRANGA MEDICOS. MOTHER TERESA ROAD NARENGI GUWAHATI KAMRUP M ASSAM 781026 VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAWAN NEW DELHI 110011 2:THE DIRECTOR ROOM NO. 545 A WING CENTRAL GOVT. HEALTH SCHEME DIRECTORATE GENERAL OF CENTRAL GOVT. HEALTH SCHEME MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAWAN NEW DELHI 110011 3:THE ADDL. DDG(HQ) DIRECTORATE GENERAL OF CENTRAL GOVT. HEALTH SCHEME MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAWAN NEW DELHI 110011 4:THE ADDITIONAL DIRECTOR CENTRAL GOVT. HEALTH SCHEME Page No.# 2/4 AK AZAD ROAD GOPINATH NAGAR GUWAHATI 781016 5:GOVERNMENT E-MARKETPLACE (GEM) DEPARTMENT OF COMMERCE MINISTRY OF COMMERCE GOVT. OF INDIA REPRESENTED BY THE CHIEF EXECUTIVE OFFICER 3RD FLOOR TOWER II JEEVAN BHARTI BUILDING CONNAUGHT PLACE NEW DELHI 110001. ------------ Advocate for : DR R C BORPATRA GOHAIN Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND ORS BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 01.04.2025 Heard Ms. S Borpatra Gohain, learned counsel for the applicant. An NIT was issued by the Government of India, Ministry of Health & Family Welfare for contract empanelment of authorized local chemist for CGHS/Wellness Centre of Guwahati for the period 2024-2027. Such tender was called through e- market place called Government e-Marketing place (GeM). It is the contention of the petitioner that petitioner’s drug license having registration No.KMP/12099 & KMP/1200 valid up to 31.12.2026 could not be uploaded in GeM portal and accordingly he could not upload his tender documents. It is Page No.# 3/4 further the contention of the petitioner that there is no fault on the part of the petitioner, rather it is the fault on the GeM, for which the petitioner could not upload the tender. In the meantime, the technical bid was opened by the CGHS, after downloading the tender documents from GeM and thereafter, price bids were also opened, however, for the reason of a status quo order passed by this court, no final order of empanelment has been issued. Ms. Borpatra Gohain, learned counsel for the petitioner submits that the employer is not taking any responsibility on their part, rather, according to them, it is the GeM who did not accept the license of the petitioner and therefore, the respondent employer cannot be faulted with and in view of the aforesaid stand, the Government e-Marketplace (GeM), Department of Commerce, Ministry of Commerce, Govt. of India, Represented by the Chief Executive Officer, 3rd Floor Tower II, Jeevan Bharti Building, Connaught Place, New Delhi 110001 is required to be made a necessary party in the connected writ petition. This court is also of the opinion that as the responsibility shall be relatable to the GeM, the GeM shall be a necessary party. Accordingly, the Government e-Marketplace (GeM), Department of Commerce, Ministry of Commerce, Govt. of India, Represented by the Chief Executive Officer, 3rd Floor Tower II, Jeevan Bharti Building, Connaught Place, New Delhi 110001 is made as a party respondent in the writ petition. Page No.# 4/4 The learned counsel for the writ petitioner shall furnish a copy of the amended cause title to the learned counsel for the respondents as well to the registry by incorporating the name of respondent No.5 in the connected writ petition as per the extent norms and thereafter the registry to do the needful in this regard. Registry is directed to reflect the name of the newly impleaded respondent No.5 in the cause list. With the aforesaid, the instant interlocutory application stands allowed. JUDGE Comparing Assistant