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2019 Supreme(Pat) 93
IN THE HIGH COURT OF PATNA
Rajeev Ranjan Prasad, J.
S.K. Traders, Patna - Appellant
Vs.
Bihar School Examination Borad Through Its Chairman, Patna - Respondent
Civil Writ Jurisdiction Case No. 3129 of 2019
Decided On : 13-03-2019
Brisketu Sharan Pandey, Adv., Prince Kumar Mishra, Adv., Kumari Shubham, Adv., Satyabir Bharti, Adv., Gyan Shankar, Adv., Alok Chandra, Adv., Subhash Kumar Singh, Adv., S.D. Sanjay, Adv., Alok Kumar Agrawal, Adv.
Headnote:
Government Contract – Bids for recycling and destroying the used answer books of compartmental Intermediate Examination, 2017 used practical answer books of Annual Intermediate Examination, 2018 and other scrap papers (flyings slip, award sheet, marks file, attendance sheet and other utilityless papers/including various other papers – Respondent Board and its tender Committee have not taken their own tender conditions seriously – The purpose behind clause 14, 15 and 16 of the tender conditions have not been given their due respect – The tender Committee could not have ignored these conditions while considering the technical bid of the participants – Conferment of the same benefit to all the successful tenders by ignoring the most important conditions of tender which are in fact heart and soul of the entire tender process cannot be a ground for the court to stop itself from reviewing the decision making process in this case – One of the participants (respondent no.6) himself having claimed to have purchased the answer sheets in the previous year also, tender committee should have satisfied itself with the requirement of clause 16 which has not been done – The Board has not even kept in mind the environment issue which are to be taken care of by adhering to clause 14, 15 and 16 – Board's contention that no public interest is involved in not following the conditions which, in view of the court, are important and in larger public interest – In such circumstances, the whole decision making process of the respondent Board suffers from violation of the essential conditions of tender which are in larger public interest – Impugned letter holding respondent nos. 5 and 6 set aside – Board directed to took into the allegation with regard to agreement submitted by the petitioner and take a decision thereon. (Paras 30 & 33)
(2006) 11 SCC 548, (1991) 3 SCC 273 – Referred.
Rajeev Ranjan Prasad, J.
1. This writ application has been preferred for the following reliefs:-
"(I) For issuing writ/writs, order/orders including the writ of mandamus to the Respondents No.1 to 4 bring on record the letters(s) dated 07.02.2019 or such letters(s) through which Respondent No.5 and 6 have been held to be successful bidders for the Tender Notice No. PR198-18 for auction of used answer books of compartmental Intermediate Examination, 2017 used Practical Answer Books of Annual Intermediate Examination, 2018 and other scrap papers (flying slip, award sheet, marks file, attendance sheet and other utilityless papers), other paper and coudments relating to Intermediate and matriculation compartmental examination 2018; and the aforesaid Respondent No.5 and 6 have been asked to deposit the required amount meant to be deposited by the selected highest bidder in the aforesaid auction/tender notice No.PR-198/18.
(ii) Further for issuing writ/writs, order/orders including the writ of certiorari and thereby quash the letter (s) dated 07.02.2019 or such letter (s) through which Respondent No.5 and 6 have been held to be successful bidders for the Tender Notice No. PR-198-18 for auction of used answer books of compartmental Intermediate Examination, 2017 used Practical Answer Books of Annual Intermediate Examination, 2018 and other scrap papers (flying slip, award sheet, marks file, attendance sheet and other utilityless papers), other paper and documents relating to Intermediate and matriculation compartmental examination 2018; and the aforesaid Respondent No.5 and 6 have been asked to deposit the required amount meant to be deposited by the selected highest bidder in the aforesaid Auction/Tender notice No.PR-198/18.
(iii) For holding that the Respondent No.5 and 6 who have not enclosed the agreement with the paper mill in terms of Rule/Condition 14 & 15 of Auction/Tender Notice No.PR-198/18 are as such disentitled and disqualified to have been allotted such tenders/Auction for Item No.1, 2, 3, 5, 6 and 8 notified through the aforesaid Auction /Tender Notice No.PR-198/18 seeking bids for auction of used answer books of compartmental Intermediate Examination, 2017 used Practical Answer Books of Annual Intermediate Examination, 2018 and other scrap papers (flying slip, award sheet, marks file, attendance sheet and other utilityless papers), other paper and documents relating to Intermediate and matriculation compartmental examination 2018.
(iv) For holding that Respondent No.6 who has given name of the paper mill which is not functional till date cannot be a valid intimation of a supplier to the paper mill as contemplated under Rule 14, 15 and Rule 16 of the Auction/Tender notice No.PR198/18.
(v) For issuing the mandamus upon Respondents No.1 to 4 to allot such tenders/Auction for Item No.1, 2, 3, 5, 6 and 8 notified through the aforesaid Auction/Tender notice No.PR-198/18 seeking bids for auction of used answer books of compartmental Intermediate Examination, 2017 used Practical Answer Books of Annual Intermediate Examination, 2018 and other scrap papers (flying slip, award sheet, marks file, attendacne sheet and other utilityless papers), other paper and documents relating to Intermediate and matriculation compartmental examination 2018, to the petitioner keeping in view the fact that the petitioner is the next highest bidder apart from the Respondent No.5 and 6.
(vi) The Hon'ble Court may pass any other order/orders which it may deem fit in the facts and circumstances of the case and within the ends of equity, justice and good conscience."
2. It is the grievance of the petitioner in the present writ application that the Bihar School Examination Board (hereinafter referred to as the 'Board') while publishing notice for Tender/Auction vide PR-198/18 for seeking bids for recycling and destroying the used answer books of compartmental Intermediate Examination, 2017 used practical answer books of Annual Intermediate Examinatio
