JUDGMENT :

Sanjay Karol, J.

Following issues arise for consideration before this Court in this lis:

(i) Whether the process adopted or decision made of procuring educational material through a centralized process and short-listing the lowest tenderer is so arbitrary and irrational that the Court can say: the decision is such that no responsible authority acting reasonably and following relevant law could have reached?

(ii) Whether by undertaking such a process public interest is affected?

(iii) Whether the acts of Additional Chief Secretary, Department of Education, Govt. of Bihar, as also the Director, Primary Education, Govt. of Bihar-cum-Nodal Officer, FLN, in finalizing the policy for implementing the Foundational Literacy and Numeracy (FL&N) scheme by calling a tender can be said to be illegal?

(iv) Are the conditions laid down in the Request for Proposal (RFP) tailor-made to either oust the petitioners or favour others? If so, can such an action be said to be mala fide?

(v) Can the terms and conditions mentioned in the tender be deemed manifestly unreasonable and arbitrary?

(vi)