Natural justice requires that prior notice be given before penalties such as blacklisting; however, if adequate opportunity and communication are established, decisions can stand.

JUDGMENT

VIPUL M. PANCHOLI, CJ.

The present batch of writ petitions is filed by the petitioners challenging the order of blacklisting passed by the respondent against respective petitioners for a period of one year. The issue involved in these petitions is similar and, therefore, learned advocates appearing for the parties jointly requested that all these petitions be heard together and the same be disposed of by a common judgment. Thus, at the joint request of learned advocates, we have taken up the petitions for final disposal, as requested.

2. For the sake of convenience, the facts narrated in C.W.J.C. No. 11437 of 2025 are stated as under:

FACTUAL MATRIX

3. The Bihar State Text Book Publishing Corporation Limited (hereinafter referred to as ‘Corporation’) issued E notice inviting tender (in short ‘NIT’) from eligible printers for printing and supply of Samagra Shiksha Abhiyan (in short ‘SSA’) text books for Class-I to Class-VIII Class/ Standardwise, Districtwise and Languagewise under SSA for the academic year 2025-2026 which will be delivered to 548 Block Resources Centres in 38 districts within the State of Bihar.

3.1. The petitioner participated in the said NIT and was declared successful. The work order dated 14.11.2024 for printing, binding, set making and supply of text book of Hindi, Urdu and mixed medium under Package-52 for Class-VI in the districts of Araria, Banka and West Champaran was issued. Similarly, another work order for Package-58 for Class-VII in the districts of Begusarai, Samastipur and Sheohar was also issued in favour of the petitioner.

3.2. It is the case of the petitioner that the respondents finally approved the dummy/proof of books and intimated the final date of approval of books on 03.12.2024. Similarly, on 06.12.2024, respondent No. 6 had approved the books of other printers. Now, it is the case of the petitioner that the concerned respondent, from time to time, changed the cover page, design and size of books and, therefore, various correspondences took place between the parties. It is further stated that final date of approval of books was 27.12.2024 and as per Clause-8.1 of the tender document, printers shall have to deliver the books to concerned Blocks within 105 days from the date of final approval of dummy/proof and as per Clause-12(A) (i) of the tender document, no penalty would be levied till 15 days from completion of 105 days. Thus, the printers shall have to deliver the books at the destination within 120 days of approval by respondent No. 6.

3.3. Respondent No. 5 issued a show cause notice on 17.02.2025 to the concerned printers in light of Clause-8 Part-II Note (iii). It has been mentioned therein that Corporation reserves its right to withdraw upto 50% of the contract/work order, if the printer does not complete 50% of quantum of total contract on 75^th day from the date of approval of final proof reading without issuing any prior notice. It is also the case of the petitioner that on 05.03.2025 respondent No. 5 had directed the petitioner to print and supply 5 extra books of Urdu/mixed medium along with diary Hindi medium. Thereafter, respondent No. 5 issued show cause notice dated 05.03.2025 and asked to show cause for not delivering 50% books of total contract. Immediately thereafter, on 18.03.2025 respondent No. 5 published a chart along with percentage of delivery of books and convened a meeting of printers with direction to appear with up-to-date progress report. Thereafter, once again on 25.03.2025 respondent No. 5 issued show cause notice to the petitioner about non-supplying the books on time.

3.4. Petitioner has further stated that on 21