JUDGMENT Ujjal Bhuyan, J. 1. Heard Mr. D. Baruah, Learned Counsel for the petitioners. Also heard Mr. I. Choudhury, learned Standing Counsel, PWD for the respondent Nos. 1 to 3 and Mr. J. Handique, learned Govt. Adv., Assam for the respondent No. 4. This writ petition has been filed by the three petitioners challenging the legality and validity of the Short Notice Inviting Quotation dated 25-07-2011 issued by the Superintending Engineer, PWD, Lower Assam Mechanical Circle, Guwahati whereby sealed, quotations were invited from bona fide parties for purchase of scrap materials on as is where is basis/condition. The primary ground of challenge is that the said was not given wide publicity, the same having been published in an English language daily newspaper "Eastern Chronicle" in its issue dated 26-7-2011, having very little circulation. The further grievance of the petitioners is that the time given for submission of quotation is "inadequate : The petitioners have alleged that the respondents have deliberately done that to avoid competitive bidding and to keep the bidding confined to select bidders of their choice. The petitioners have also contended that the respondents have violated the provisions of Rule 254 of the Assam Financial Rules while conducting the aforesaid exercise. The three writ petitioners claim to be Class-I contractors of the PWD, engaged in various contractual works with the PWD as well as other authorities. They also claim to be engaged in the business of dealing with scrap materials like old vehicles, machineries, etc. They have alleged that because of the above action of the respondents, they could not submit their bids. 2. The impugned Short Notice Inviting Quotation (for short "SNIQ") dated 25-07-2011 is quoted hereunder : GOVERNMENT OF ASSAM OFFICE OF THE SUPERINTENDING ENGINEER PWD LOWER ASSAM MECH. CIRCLE, FANCY BAZAR : : GUWAHATI-1. Short Notice Inviting Quotation Sealed Quotations are invited by the undersigned affixing non-refundable Court fee stamp of Rs. 8.25 (Rupees eight and paise twenty five) only from bona fide parties for purchase of old and unserviceable/BER State Govt. Machinery/Vehicle/Equipments and dead stock/numerical/T&P/Site a/c scrape materials lying under various Assam PWD Division in "As is where is basis/condition". Quotation should be super scribed "The Superintending Engineer, PWD, LMAC, Fancy Bazar, Guwahati-1" and will be received by the undersigned on 15th August, 2011 upto 1 p.m. The Quotations will be opened at 1.30 p.m. on the same date. Machinery/Vehicle/Equipments and dead stock/numerical/T&P/Site a/c scrape materials lying under various Assam PWD Division in "As is where is basis/condition". Quotation should be super scribed "The Superintending Engineer, PWD, LMAC, Fancy Bazar, Guwahati-1" and will be received by the undersigned on 15th August, 2011 upto 1 p.m. The Quotations will be opened at 1.30 p.m. on the same date. Quotationer or their representative may be present at the time of opening. Detailed Quotation documents can be obtained during working hours from the office of the Superintending Engineer, PWD, Lower Assam Mechanical Circle, Guwahati-1 from 1st July, 2011 to 6th August, 2011 up to 2 p.m. against payment of Rs. 100/- (Rupees one hundred) only in the form of IPO/Demand Draft pledged in favour of Executive Engineer, PWD, Mechanical Division, Ulubari, Guwahati-7 against written application addressed to the Superintending Engineer, PWD, Lower Assam Mechanical Circle, Guwahati-1 along with production of attested copy of PAN card and VAT registration card. (A.K. Das) Superintending Engineer, PWD Lower Assam Mechanical Circle Guwahati-1 Memo No. Misc/LAMC/14-15/331 Dated 25.07.11 Copy to :-- (1) The Director, Information and Public Relations, Assam, Dispur, Guwahati-6 for favour of information and kind necessary action. He is requested kindly to arrange for publishing the above notice immediately in one major leading Regional/Local News paper. The bills may be sent to this office for payment in due course. The date of publication and the names of the News Papers may kindly be intimated to this office for record. Enclos : 4(four) Nos. N.I.Q. in four copies. (A.K. Das) Superintending Engineer, PWD Lower Assam Mechanical Circle Guwahati-1 As indicated above, the same was published in the English language daily newspaper "Eastern Chronicle" on 26-07-2011. From the notice, it is seen that the date of receipt of the quotations by the Superintending Engineer was fixed on 08-08-2011 upto 1 p.m. and the date and time of opening of the quotations was fixed at 1.30 p.m. on the same date in the presence of the quotationers or their representatives. It is further seen that the period fixed for (obtaining the quotation documents from the office of the said Superintending Engineer was from 25-07-2011 to 06-08-2011. 3. It is further seen that the period fixed for (obtaining the quotation documents from the office of the said Superintending Engineer was from 25-07-2011 to 06-08-2011. 3. The respondent No. 2 has filed an affidavit indicating therein the number of bidders, who had participated in the earlier tender processes of the PWD for disposal of scrap materials as well as the nature of publication of such tender processes. It is seen that from 2006 to 2011, the number of bidders ranged from 6 to 19. It is also seen that the tender notices were published in the following newspapers : (1) Dainik Batarikakat, (2) Dainik Janambhumi, (3) Natan Dainik (4) Aji. (5) Batori Kakot (6) North East Times (7) The Assam Tribune (8) The Eastern Chronicle (9) Ajir Dainik Batori (10) Dainik Jugasankha, (11) The Sentinel 4. The respondent No. 3 i.e. the Superintending Engineer in his affidavit has denied the allegations made by the petitioners. He has stated that following the procedure practiced in the department, the SNIQ dated 25-07-2011 was sent to the Director, Information and Public Relations, Assam for publishing the same in one major leading regional local newspaper/Accordingly, the Director of Information and Public Relations, Assam published the said notice in the English language daily newspaper "Eastern Chronicle" on 26-07-2011. It is stated that the said newspaper besides being published in the internet, is published simultaneously from Guwahati, Silchar and Dibrugarh. The said respondent has vehemently urged that there has been no violation of Rule 254 of the Assam Financial Rules. He has further stated that the PWD had no role in publishing the SNIQ in the said newspaper as it was the decision of the respondent No. 4, the Director of Information and Public Relations. He has, however, contended that the said newspaper has a fairly large circulation since it is simultaneously published from three places and has also mentioned that a large number of Government advertisements are published in the said 6 newspaper. He has also contended that the notice was published on 26-07-2011 and since time was given till 08-08-2011, a total of 15 days were available to the intending bidders, which was sufficient and adequate. He has stated that altogether seven bidders had responded to the SNIQ dated 25-07-2011, which negates the allegations of the petitioners. 5. He has also contended that the notice was published on 26-07-2011 and since time was given till 08-08-2011, a total of 15 days were available to the intending bidders, which was sufficient and adequate. He has stated that altogether seven bidders had responded to the SNIQ dated 25-07-2011, which negates the allegations of the petitioners. 5. The respondent No. 4 in his affidavit has stated that a SNIQ was received in his office from the Superintending Engineer, PWD, Lower Assam Mechanical Circle, Guwahati on 25-07-2011 with a request to publish the same immediately in one major local newspaper. Accordingly, the said notice was sent to the local English daily newspaper "Eastern Chronicle" on the same date i.e. on 25-07-2011 for publication. It was published in the said newspaper on the very next day i.e. 26-07-2011. The respondent No. 4 has stated that the newspaper "Eastern Chronicle" fulfils all the norms for getting Government advertisements as per the advertising policy of the Government of Assam, 2008. The Assam Government has approved the said newspaper for the purpose of release of Government advertisements and as such, Government advertisements are issued to the said newspaper. It is further stated that as per the said advertisement policy, a daily newspaper should have minimum paid circulation of 20,000 copies per issue for approval/eligibility for receiving Government advertisements. In this connection, a Chattered Accountant's certificate has to be furnished to the Directorate of Information and Public Relations, Assam as per the State Government advertisement policy. The respondent No. 4 has stated that as per the Chattered Accountant's certificate submitted by the newspaper the "Eastern Chronicle", the paid circulation of the said newspaper is 55,969 copies per issue. 6. The petitioners in their separate rejoinder affidavits to the affidavits filed by the respondent Nos. 2 and 3 have stated that the newspaper" Eastern Chronicle" does not come within the top 10(ten) daily newspapers of the State and have asserted that the said newspaper cannot be said to have wide publication. In this connection, the petitioners have placed the details of the 10(ten) top daily newspapers of the State. The petitioners have also stated that considering the wide circulation, the tender notices of the Department are normally published in the English language daily newspaper "The Assam Tribune". 7. The petitioners have, however, not filed any rejoinder affidavit to the affidavit filed by the respondent No. 4. 8. The petitioners have also stated that considering the wide circulation, the tender notices of the Department are normally published in the English language daily newspaper "The Assam Tribune". 7. The petitioners have, however, not filed any rejoinder affidavit to the affidavit filed by the respondent No. 4. 8. Rule 254 of the Assam Financial Rules, 1939 provides that the sealed tenders should invariably be invited in the most open and public manner possible by advertisement in the Government Gazette or the press or by public notice in English and in vernacular and that the tenderer should have free access to the contract documents. In the instant case, it is seen from the pleadings that the impugned SNIQ dated 25-07-2011 was published by the respondent No. 4 in the English daily newspaper "Eastern Chronicle" on 26-07-2011. The time/period given for obtaining the bid documents was up to 06-08-2011 and the date of submission was on 08-08-2011. Pursuant thereto, 7(seven) bidders had submitted quotations which have been processed and the comparative statement has been prepared. As per the respondent No. 4, the said newspaper is an approved newspaper of the Government of Assam as per the advertisement policy and accordingly, the impugned notice was sent for publication in the said newspaper. As the said newspaper is an approved one and Government advertisements are published in the said newspaper, the respondents cannot be faulted for publishing the impugned notice in the said newspaper on the ground that it is not amongst the top 10(ten) daily newspapers of the State. The period given for procurement of the bid documents and for submission of the quotations from 26-07-2011 to 08-08-2011, in the opinion of this Court, is quite reasonable and adequate, considering the nature of the contract. Having noticed the requirement of Rule 254 of the Assam Financial Rules, it cannot be said that the publication of the impugned notice in the daily newspaper "Eastern Chronicle" has violated the provisions of the aforesaid rule in any manner. Therefore, in the considered opinion of this Court, there is no infirmity in the impugned SNIQ in so far publication of the same in the newspaper "Eastern Chronicle" and the duration of time provided to the intending bidders for submission of their bids are concerned. 9. Therefore, in the considered opinion of this Court, there is no infirmity in the impugned SNIQ in so far publication of the same in the newspaper "Eastern Chronicle" and the duration of time provided to the intending bidders for submission of their bids are concerned. 9. The Learned Counsel for the petitioners has placed reliance on a decision of the Apex Court in the case of Business Link v. A.S. Advertising Company and Others, reported in (2003) 10 SCC 258 . In the said case, the High Court had set aside the award of contract on the ground that the Notice Inviting Tender was published in two newspapers, which according to the High Court were not well-known newspapers having wide circulation. The High Court took the view that an advertisement in an unknown newspaper stands on the same footing as no advertisement at all. The Apex Court while setting aside the said decision of the High Court, stated as under : 8. It appears that along with the written submissions, the parties have filed certain documents. Our attention is invited to p.32 of the SLP paper-book. It is a letter written by the Circulation Officer to the Publisher, Meerut Samachar (Hindi dainik) with regard to circulation of the said paper. A perusal of the letter shows that the said paper had a circulation of about 39,600 copies per day. With regard to the other newspaper, Dainik Hira Times (Hindi dainik), a letter dated 195-1997 was filed to show that the said paper had a circulation of about 30,000 copies per day. We may also note that the first-mentioned newspaper, Meerut Samachar, has been in circulation for about half a century though the second-mentioned newspaper, Dainik Hira Times, has been in circulation for about eleven years. Be that as it may, we are unable to find any support for the finding recorded by the High Court that Meerut Samachar and Dainik Hira Times are not well known newspapers having wide circulation. The High Court did not advert to the material placed before it. The first finding recorded by the High Court might as well adversely affect the newspapers so it ought not to have been recorded without relying upon sufficient material to justify the finding. The material which we have adverted to above rebuts the finding so recorded. The High Court did not advert to the material placed before it. The first finding recorded by the High Court might as well adversely affect the newspapers so it ought not to have been recorded without relying upon sufficient material to justify the finding. The material which we have adverted to above rebuts the finding so recorded. Further, the very fact that twelve persons responded to the advertisement suggests that the said two newspapers had wide circulation in Meerut city. Therefore, that fact militates against the first finding recorded by the High Court. If the first finding goes, the second finding cannot stand on its own. 10. I am afraid, in the facts of the present case, the aforesaid decision instead of coming to their aid, goes against the petitioners. 11. Now, coming to the petitioners themselves, though they have claimed to be engaged in the business of dealing with scrap materials, nothing has been placed on record to substantiate the said claim except a bald statement made in paragraph-4 of the writ petition. They have not furnished a single instance where they had previously participated in a tender of similar nature or they were awarded a contract relating to lifting of scrap materials. 12. In the absence of the same and for the reasons indicated above, I am not inclined to entertain the writ petition. Accordingly, the same is dismissed. The interim order passed on 23-09-2011 shall stand vacated. Parties to bear their own cost. Petition dismissed