JUDGMENT :

Petitioner in the present case has moved this court for the reliefs mentioned in paragraph 1 of the writ application which reads as under:

“a. For quashing the entire tender process with respect to the notice Inviting Tender No.PR-115/2020 and the Notice Inviting Tender No.PR-116/2020 (Annexure-6 Series) floated by the Respondent No.2 i.e. Bihar School Examination Board, on 29.04.2020, inviting tender for “providing Security Services to Bihar School Examination Board, Patna” and for “providing Housekeeping Services to Bihar School Examination Board, Patna”, respectively as both the tenders has been floated by the Respondent no.2 without cancelling the earlier tenders notice No.PR490/2019 (Annexure-1), which was floated in the month of December 2019 for similar work i.e. “for Providing Housekeeping, security personnel and potable water supply with modern equipment and best quality manpower for building and campus at the office of Bihar State Examination Board (hereinafter referred as “BSEB”) and 10 regional office of BSEB, wherein the petitioner was declared as L1, but in spite of several request made by the petitioner, the agreement was not executed nor the tender process was cancelled nor any action was taken by the respondent no.2.

Further, even without cancelling the aforesaid Tender notice No. PR 490/2019 (Annexure-1), again similar tenders being Tender No. PR-104/2020 (Annexure-4) for providing Housekeeping Services and Tender No.105/2020 (Annexure-5) for providing Security Services were floated by the Respondent BSEB on 16.03.2020 in which the petitioner also participated, but without cancelling the same, the Respondent BSEB once again on 29.04.2020 issued fresh Tenders i.e. Notice Inviting Tender No.PR-115/2020 and the Notice Inviting Tender No.PR-116/2020 (Annexure-6 series) and thereafter in a quite illegal, arbitrary and malafide manner cancelled the aforesaid Tender Notice No.PR 490/2019 (Annexure-1) issued in the month of December, 2019, Tender No.PR-104/2020 (Annexure-4) and Tender No.105/2020 (Annexure5) floated on 19.03.2020 were cancelled on 29.05.2020 (Annexure-7 series) i.e. after floating of tender dated 29.04.2020.

b. For a direction upon the concerned Respondent to immediately quash the intimation given by the respondent no.2 through e-mail on 29.05.2020 (Annexure-7 series) whereby and where under it was informed that the Tender Notice No.PR 490/2019 (Annexure-1) issued in the month of December, 2019 Tender No. PR-104/2020 (Annexure-4) and Tender No.105/2020 (Annexure-5) floated on 16.03.2020 has been cancelled, even without giving any opportunity of hearing to the petitioner.

c. For any other relief/reliefs for which the petitioner may be deemed fit and proper by this Hon’ble Court under the facts and circumstances of this case.”

Case of the petitioner

2. It is the case of the petitioner that being one of the premier security agency engaged in providing security service and other allied services to various organizations of the central government, state government, public sector undertakings and private organizations in various States of the country, it is also engaged in providing security services to the respondent Bihar School Examination Board (hereinafter referred to as the “BSEB”). The petitioner was able to get the tender for security services floated by the BSEB in the year 2017, it was for a period of three years and as the said period was going to expire the BSEB floated a similar e-tender on 21.12.2019.

3. The e-tender bearing no. PR-490/2019 (Annexure ‘