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2021 Supreme(Pat) 909

MADHURESH PRASAD
Bihar Offset Printers Association – Appellant
Versus
State Of Bihar – Respondent


Advocate Appeared:
For the Appellant :Mr P K Shahi, Sr Advocate with Mr Vikash Kumar, Advocate,
For the Respondent:Mr Yogendra Prasad Sinha, M/s Nirmal Kr Sinha, Shankar Kr, M/s Kishore Kr Sinha, Shashi Shekhar, Advocates, Mr Grijesh Kumar, Advocate, M/s Binod Singh, Vagisha Pragya Vacaknavi, Advocate, Mr Piyush Lall, Advocate, Mr Y V Giri, Sr Advocate with M/s Pranav Kumar, Ashish Giri, Shrishti Singh, Advocates,

JUDGMENT :

1. On account of the resurgence of COVID - 19 Pandemic, matter is again being considered through Video Conferencing. Parties have made submissions at length yesterday as well as today from their residence. The Court Master and Secretary are also part of the Virtual Court Proceedings with the aid of Audio-Visual Technology.

2. The writ petition has been filed with a prayer seeking quashing of E-Tender (Notice Inviting Tender) (for brevity, NIT) Reference No 05/State Health Society, Bihar (for brevity SHSB)/IEC (printing and supply)/2020 - 2021 inviting bids from Agencies desirous of entering into rate contract for printing and supplying of various modules, registers, cards etc for the SHSB. The NIT has been assailed on the ground that the same does not provide the benefits of exemption from Earnest Money Deposit (EMD for brevity), and purchase preference to Small Scale Industrial Units (SSIU for brevity) as contemplated under the Bihar Finance (Amendment) Rules, 2005 (for brevity, BFR 2005) and the Stores Purchase Preference Policy, 2002 (for brevity, SPPP, 2002). The NIT is therefore legally unsustainable. Petitioners seek a direction to the State Health Society Bihar to f

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