The main legal point established is that sealing by plastic material or cello tape is an acceptable method of sealing tender envelopes.

Nilu Agrawal, J.

Heard Mr. Suraj Samdarshi, learned counsel for the petitioner and Mr. Sourendra Pandey, learned counsel appearing on behalf of the respondent, Bihar Rajya Beej Nigam Ltd. Petitioner in the present writ application seeks cancellation of the entire tender process arising out of the Tender Notice No. Processing-01/2018-19 floated by the respondent no. 1, Bihar Rajya Beej Nigam Ltd. for supply of HDPE and non-woven bags on the ground that in terms of the tender, sealed envelopes were invited as per clause 1, 6 and 9 of the notice inviting tender which is Annexure-1 to the writ application. Petitioner also seeks a direction upon the respondent no. 1 not to open the financial bid as the technical bids have been opened contrary to the terms of the tender itself and except for the petitioner none of the tenderers had submitted the tender in sealed cover. The only question which is required for adjudication is whether the tenderers had filed the tenders in sealed cover as stated in the terms of the tender.

2. Learned counsel for the petitioner submits that the meaning of seal has been elaborately dealt in the case of Datta Gyanaba Bokde Vs. V.C. Marathwada University Aurangabad & Ors, (1990) MhLJ 775 at para-4:

"The short tender notice issued by the University at two places mentions that the tenders should be sealed. Notice clearly stipulated that the tenders must be sealed ones. The first and the second respondents were not acting aimlessly in insisting upon this requirement and certainly this was not a meaningless or a futile exercise, it has a definite purpose. Shri Ghatge, the learned counsel for the Respondents Nos. 1 and 2, invited our attention to the meaning of the word "seal" (v.t.) as given in the Shorter Oxford English Dictionary in its 3rd Edition. The meaning given is as follows:-

"To fasten with or as with a seal. To fasten (a folded letter or other document) with melted wax or some other plastic material and impress a seal upon this so that opening is impossible unless the seal is broken." Shri Ghatge submitted that this dictionary also gives a further meaning of the verb "seal" as "to fasten up (a letter, parcel) with sealing wax, gum or like. "Relying upon this dictionary meaning, it was submitted by Shri Ghatge that even pasting by gum would also come within the meaning of sealing, as it is not necessary to use wax as a sealent. In this context, it will have to be borne in mind that the purpose of sealing an envelope which contains a letter or a parcel would be to see that unless the seal which is fastened to the said envelope is broken, it would not be possible to open the envelope or to penetrate into it. This has also been indicated in the dictionary meaning we have quoted above. It means that it should be fastened and impressed upon by a seal in such a manner that it would not be possible to open the envelope without breaking the seal. It has not been prescribed in the tender notice as to how the seal should be, but the requirement clearly is that the tender must be a sealed one. We do not think that mere pasting of an envelope would ensure that nobody could open it and re-paste it."

3. Learned counsel for the respondent-Bihar Rajya Beej Nigam Ltd., however, contends that there were five applicants to the said tender and all the tenders were filed in sealed cover. While four of the applicants had put Cello Tape which is plastic material, petitioner had sealed his tender by use of wax as a sealant. He submits that sealed cover would mean that unless the seal which is fastened to the said envelope is broken it would not be possible to open the envelope or to penetrate into it. The mode of sealing by other four tenderers was by fastening the envelope by sealing it by Cello Tape and it would not be possible to open the envelope without breaking the seal. The case cited by the petitioner is of pasting the envelope and is quite distinct from sealing the envelope with Cello Tape which is a plastic m