Misc. Case No. 211 of 2012 in WP(C) No. 179 of 2012. Case: Pooja Fortune Private Ltd. & Ors. Vs State of Nagaland & Ors.. Guwahati High Court
| Case Number | Misc. Case No. 211 of 2012 in WP(C) No. 179 of 2012 |
| Counsel | For Appellant: K.N. Choudhury, Sen. Adv. and For Respondents: K.N. Balgopal, AG, Nagaland |
| Judges | Arup Kumar Goswami, J. |
| Issue | Constitution of India - Article 14; Lotteries (regulation) Act, 1998 - Section 12(1) |
| Judgement Date | March 07, 2012 |
| Court | Guwahati High Court |
Order:
A.K. Goswami, J.
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This is an application for seeking leave of this Court for finalization of the tenders received from the prospective bidders in terms of the Notice Inviting Tender published vide No. DSL/17-10/2010-11 dated 10-12-2011 in terms of this Court's order dated 11-01-2012 passed in W.P.(C) No. 179 of 2012. Heard Mr. K.N. Choudhury, learned Senior counsel appearing for the writ petitioners and Mr. K.N. Balgopal, learned Advocate General, Nagaland, representing the respondents in the writ petition.
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The writ petition is filed praying for setting aside and quashing the Tender Document dated 10-12-2011 as well as Clause 13(a) of the Distributorship Manual for appointment of distributor of Nagaland State Lotteries.
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By the Tender Document dated 10-12-2011, sealed tenders Were invited from Individuals/Registered Firms/Companies for appointment as Distributor of Nagaland State Lotteries (on line or paper or both). Clause 13(a) of the Distributorship Manual, laying down terms and conditions for appointment of Distributor of Nagaland State Lotteries, requires that total turn over of the Company for the last five years should not be less than Rs. 4,000.00 crores, to be duly certified by a registered Chartered Accountant in respect of those Companies who are already in lottery business as Distributor or Sole Selling Agent.
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The respondents In the affidavit-in-opposition has categorically stated that the Distributorship Manual is not applicable in the present process of tender and the same was a one time guideline issued by the Government to all the interested parties in the year 2010.
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Mr. K.N. Choudhury, learned Senior counsel for the petitioners submits that Clause 2 (vi) of Instructions to Tenderers/Bidders of the tender document dealing with eligibility of the prospective tenderers fixing total turn over of the Company for the last five years to be not less than Rs. 5,000.00 crores is unreasonable, discriminatory, irrational, mala fide and arbitrary and that the said Clause has been incorporated to accommodate tenderers of the choice of the respondents, which amounts to favoritism and nepotism. The learned Senior counsel submits that after coming into force of the Lotteries (Regulation) Rules, 2010, for short, the Rules of 2010, no discretion vests in the State to lay down conditions of eligibility as per its own sweet will and it is obligatory on the part of the State to frame Rules and prescribe conditions of...
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