IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1479 of 2026 ======================================================

Urmila Srivastava W/o- Anil Kumar, (Proprietor of Rudra Construction), At Present Resident of- Adersh Colony, Digha- Danapur- Khagol, Post and Police Station- Digha, District- Patna, State- Bihar, Indian, Pin 800011. Permanent R/o- Village- Harpur Nag, Post and Thana- Harpur Nag, District-

East Champaran, State- Bihar, Pin- 845412.

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, Vikash Bhawan, New Secretariat, Patna-

800001.

2. The Director of State Education Research and Training Board (SERT-

Board), Mahendru, Patna-800006.

3. The Assistant Engineer, State Education Research and Training Board (SERT-Board), Mahendru, Patna- 800006.

4. The Principal of District Institute of Education and Training (DIET)

Chhatauni, Motihari, East Champaran.

5. The Junior Engineer, District Institute of Education and Training (DIET)

Chhatauni, Motihari, East Champaran.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Ranjit Jha, Advocate For the Respondent/s : Mr. Standing Counsel (25)

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

4 11-03-2026 Heard learned counsel for the parties.

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

“(i) For set aside and quashing the impugned order of disqualified the Tender No. 120154 vide Ref. No. NIT-1 (2025-26) and also set aside the Tender No. 120159 vide Ref. No. NIT-2 (2025-26) (Annexure-P-

04).

(ii) For issuance of a Mandamus directing and commanding the respondent authorities to restore the Tender No. 120154 and 120159 of petitioner on account of her fulfill all criteria of the terms and conditions for allotment of work by way of this tenders, and also allotted the work tender to the petitioner on her high percentage in the larger interest of justice.”

3. The brief facts of the case are that the petitioner, claiming to be the proprietor of Rudra Construction, a Class-IV contractor registered under the Road Construction Department, Government of Bihar, bearing Registration No. 252700382, and eligible to undertake government works up to Rs. 25,00,000/-, participated in the tender process initiated by the Education Department, Government of Bihar for renovation work in the Principal and Staff Quarter of the District Institute of Education and Training (DIET), Chhatauni, Motihari, East Champaran pursuant to Tender No. 120154 (Ref. No. NIT-1 (2025-26)) and Tender No. 120159 (Ref. No. NIT-2 (2025-26)) issued on 17.12.2025. The petitioner submitted her bids online on 26.12.2025 at 05:06 PM for Tender No. 120154 and at 05:23 PM for Tender No. 120159 and claims that in the comparative statement of bidders she had quoted the highest percentage, namely 22.10% and 17.70% respectively. However, the respondent authorities disqualified the petitioner’s technical bids through an e-mail communication on the ground that the petitioner had failed to comply with certain mandatory terms and conditions of the Notice Inviting Tender (NIT) and had not submitted several requisite documents.

4. Learned counsel for the petitioner submits that the petitioner had duly participated in the tender process and had submitted all the requisite documents in terms of the conditions of the NIT. It is submitted that despite complying with the eligibility criteria, the petitioner’s technical bid has been declared non-responsive by the respondent authorities. It is further submitted that the principles adopted for rejecting the petitioner’s bid have not been applied uniformly in the case of other bidders and they have been declared responsive. 5. Learned counsel for the State submits that the petitioner’s bid w