Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
K.Vinod Chandran, Harish Kumar
Edutest Solutions Private Limited – Appellant
Versus
Bihar School Examination Board through its Chairman – Respondent
JUDGMENT :
K. Vinod Chandran, CJ.
We have heard Mr. Mrigank Mauli, learned Senior Advocate for the petitioner and Mr. Satyabir Bharti, learned Advocate for the Bihar School Examination Board, Patna. The Government Advocate is also heard.
2. The grievance of the petitioner, in the present writ petition, is confined to the order contained in letter no. 691/2023 dated 20.10.2023 issued by respondent no.4 by which the petitioner has been debarred from working for examinations conducted by Bihar School Examination Board (hereinafter referred to as ‘the Board’) for three years. The petitioner has been further blacklisted for three years from any work with the Board.
3. The petitioner, a company incorporated under the provisions of the Companies Act, 1956 through its authorized representative, in response to the NIT issued by the Bihar State Electronic Development Corporation Ltd. (hereinafter referred to as ‘the BELTRON’) submitted its bid. The tender notice was issued for selection of agency for providing services related to “Computer Based Test” of Education Department of Government of Bihar. The petitioner having been the lowest bidder and successful in all respects, was awarded the contr
The authority to blacklist a contractor lies with the party privy to the contract, and any action taken without jurisdiction breaches natural justice.
Indefinite blacklisting without defined duration and proper procedural fairness is arbitrary, violating natural justice principles and requiring a clear basis for such action.
The court upheld that procedural due process in blacklisting was maintained, with findings of serious operational failures justifying disciplinary action against the vendor, affirming compliance with....
The main legal point established in the judgment is the requirement for a fair hearing, specific show cause notices, and proportionate punishment before imposing blacklisting in government contracts.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
