Bhanu Pratap Bhoi vs. State Of Odisha
Held
The Court directed the concerned authority to include the petitioner in the list of competitors without rejecting his claim solely for not furnishing a non-mandatory GSTIN. The petitioner's case is to be considered along with other eligible participants if the selection process is ongoing.
Facts
The petitioner's application for supplying school uniforms was rejected due to the absence of a GST number, despite the advertisement stating it was not mandatory. The authority concerned had not yet finalized the selection process.
Key Issues
Whether rejection of an application for a government tender is justified on the grounds of not providing a GST number when the advertisement explicitly states it is not mandatory.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER(ORAL)
2024
1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
This writ petition by the petitioner seeking for a direction to the opposite parties to reconsider and include his name in the list of recommended for procurement and supply of school uniforms to Govt. and Govt. Aided School for the academic year 2024-
In the course of hearing, Mr. Raj Kishor Swain, learned counsel for the petitioner submits that although the GST number is not mandatory and the advertisement prescribes that the GST number, if available, should be indicated in the prescribed form, but the authority concerned has rejected the application of the petitioner for want of GST number, which is not at all mandatory and in conformity with the advertisement.
The judgment continues below.
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