Jai Ambey Emergency Services (I) Pvt. Ltd. & Anr. v. State of Assam & Ors., WP(C) No. 6064/2026 — Order dated 06.11.2026

Summary: By an interim order dated 6 November 2026, the Gauhati High Court (Hon'ble Mr. Justice Devashis Baruah) directed that, until the next date of hearing, no Letter of Intent shall be issued and no contract shall be formed with any bidder in the Assam Medical Services Corporation Limited's GeM tender for 108 ambulance fleet management services. The Petitioners were represented by Divyakant Lahoti and Rahul Maheshwari of Lahoti Advocates.

Background

On 20 May 2026, a Notice Inviting Tender was issued through the Government e-Marketplace (GeM) on behalf of the Assam Medical Services Corporation Limited (AMSCL) for Fleet Management Services covering Type D Advanced Life Support ambulances, Type C Basic Life Support ambulances and boat ambulances (GeM Bid No. GEM/2026/B/7407404).

Nine bidders participated. In the technical evaluation carried out on 11 October 2026, five bidders, including the Petitioner company, were held technically non-responsive, and four were held responsive.

The Petitioner's bid was rejected on the ground that its documents did not establish experience in fleet management services. The Petitioner submitted a representation on 12 October 2026, pointing to its experience as lead partner in the Chhattisgarh 108 Sanjeevani Express project, the Madhya Pradesh Integrated Referral Transport System and the 104 Health Helpline project. The representation was rejected on 23 October 2026, on the grounds that the experience was gained as part of a consortium and that, under Clause (ix) of the technical corrigendum, the lead partner must have prior fleet management experience.

Submissions on Behalf of the Petitioners

On behalf of the Petitioners, it was submitted that:

• Nothing in the tender terms excludes experience gained as lead partner of a consortium from being considered when evaluating past experience.
• The technical corrigendum relied upon applies only to bids submitted by a joint venture or consortium. It has no application where, as here, the bidder participates as a single entity.
• In earlier proceedings on a similar issue, Community Action Through Motivation Programme (CAMP) v. State of Assam, 2022 (4) GLR 604, the State itself took the stand that experience gained as a constituent of a consortium can be relied upon when that entity bids on its own.
• Under New Horizons Ltd. v. Union of India, (1995) 1 SCC 478, lifting the corporate veil is a relevant consideration in assessing whether a bidder has the required experience.
• The certificates on record show the Petitioner was lead partner in contracts awarded by the Governments of Chhattisgarh and Madhya Pradesh, whose value far exceeds the experience threshold in the present tender.
• Without interim protection, third-party rights would be created and the Petitioners would suffer irreparable injury. Wider participation is also in the public interest because it makes rates more competitive.

The Additional Advocate General, Assam, submitted that delay would affect ambulance services, which are of vital importance, and stated that an affidavit would be filed within seven days.

The Court's Order

The High Court:

1.    issued notice, returnable on 19 November 2026, and recorded acceptance of notice on behalf of the State respondents and GeM;

2.    relying on Afcons Infrastructure Ltd. v. Nagpur Metro Rail Corporation Ltd., (2016) 16 SCC 818, directed the Petitioners to apply to implead the other technically qualified bidders; and

3.    noting that no Letter of Intent or Letter of Acceptance had been issued so far, directed that until the next date, no Letter of Intent shall be issued and no contract shall be formed with Respondent No. 5 or any other bidder.

The matter will next be heard on 19 November 2026. The Petitioners were represented by Divyakant Lahoti and Rahul Maheshwari of Lahoti Advocates.

This update reports an interim order in a pending matter. It is for information only and is not legal advice or solicitation.