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2026 Supreme(Pat) 290

IN THE HIGH COURT OF JUDICATURE AT PATNA
SUDHIR SINGH, SHAILENDRA SINGH, JJ.
M/s Anirudh Sarswati Construction a Partnership Firm, through its Partner, namely, Arvind Kumar, Son of Anirudh Prasad Yadav – Petitioner
Versus
The State of Bihar, through the Additional Chief Secretary, Rural Works Department, Government of Bihar – Respondent
Civil Writ Jurisdiction Case No.883 of 2026
Decided On : 24-03-2026

Advocates Appeared:
For the Petitioner:Ms. Shrishti Singh, Advocate, Mr. Pranav Kumar, Advocate
For the Respondents:Mr. Amish Kumar, AC to AG, Mr. Anand Kumar Ojha 1, Advocate, Mr. Sushil Kumar, Advocate

Headnote:

Government Contract – Tender – Technical bid qualification – Terms and conditions of a tender document constitute foundational framework governing bidding process and are binding on all participants as well as authority issuing tender – Sanctity of such conditions, particularly those expressly characterized as mandatory, cannot be diluted or relaxed in a manner that would compromise fairness, transparency, and equality amongst competing bidders – Payment certificate for relevant financial year/qualifying year had not been submitted by private respondent – A mandatory clause of CMBD has not been fulfilled – Determination of responsiveness must be based solely on contents of bid – Bid which is not substantially responsive cannot be subsequently made responsive by curing a material omission – Action of respondents in declaring respondent as technically qualified, despite non-submission of a mandatory document at the time of bid submission, is arbitrary, contrary to tender conditions, and legally unsustainable – Appeal allowed. (Paras 16, 19, 20, 27, 28 and 29)

JUDGMENT :

SUDHIR SINGH, J.

Heard learned counsel for the parties.

2. The following reliefs have been sought in the present writ application:

“(i) To issue an appropriate writ, order, direction in the nature of certiorari for quashing the revised technical bid decision of the Committee headed by the Engineer- in-Chief-cum-Additional Commissioner-cum-Special Secretary, Rural Works Department, dated 02.01.2026 published through memo no. 32 dated 12.01.2026 in relation to NIT No. RRSMP-11/2025-26 (Package no. Madhepura/05) of the Rural Works Department, Government of Bihar, to the extent that the respondent no. 8 has been once again, declared as technically qualified (Annexure-P/10, Pg. 71).

(ii) To issue an appropriate writ, order, direction in the nature of certiorari for quashing the financial bid decision dated 28.11.2025 in relation to NIT No. RRSMP-11/2025-26 of the Rural Works Department, Government of Bihar, to the extent that the private respondent no.8, namely, M/s R.K. Construction has been declared as L1 on the basis of incorrect technical bid qualification (Annexure-P/5, Pg-58).

(iii) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to revise the financial bid and accordingly, declare the petitioner as L1, as according to the financial bid decision dated 28.11.2025, the petitioner is L2 but the private respondent no. 8, namely, M/s R.K. Construction has been wrongly declared as technically qualified and consequently, as L1.

(iv) To issue an appropriate writ, order, direction in the nature of certiorari for the consequential relief of quashing the revised technical bid decision dated 25.11.2025 published through memo no. 3995 dated 28.11.2025 in relation to NIT No. RRSMP- 11/2025-26 of the Rural Works Department, Government of Bihar, to the extent that the respondent no. 8 has been once again, declared as technically qualified. (Annexure-P/4, Pg53).

(v) To issue an appropriate writ, order, direction in the nature of certiorari for the consequential relief of quashing the technical bid decision dated 08.09.2025 published through memo no. 3338 dated 09.09.2025 in relation to NIT No. RRSMP-11/2025-26 of the Rural Works Department, Government of Bihar, to the extent that the respondent no. 8 has been declared as technically qualified. (Annexure-P/2, Pg. 50).

(vi) To issue an appropriate writ, order, direction in the nature of certiorari for quashing any consequential action taken pursuant to the impugned decision, including quashing of any letter of award, agreements entered with third party, if any.

(vii) To any other relief or reliefs for which the petitioner is found to be entitled to in the facts and circumstances of the case.”

3. The brief facts of the present case are that the petitioner had participated in a tender process pursuant to Notice Inviting Tender (NIT) bearing no. RRSMP-11/2025-26 dated 26.07.2025 issued by the Rural Works Department, Government of Bihar. The petitioner submitted his bid for Package No. Madhepura/05 and was declared technically qualified along with other bidders, including the private respondent, M/s R.K. Construction, vide decision dated 08.09.2025. However, the petitioner submitted an objection dated 13.09.2025, against the technical qualification of the private respondent, alleging that the private respondent did not fulfil the mandatory criteria under Clause 4.4A(a) of CMBD. The respondent department considered the objection and passed an order dated 28.11.2025, whereby the private respondent had again been declared technically qualified. Another objection was submitted by the petitioner vide letter dated 01.12.2025, challenging the technical qualification of the private respondent on the ground of non-conformity to Clause 4.4A(a) of CMBD.

4. Pursuant thereto, the petitioner approached this court, and in CWJC No. 19719 of 2025, the respondent authorities were directed to consider the representation of the petitioner. The respondent department pa

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