Patna High Court
M/S Astric Computers (I) Pvt. Ltd vs The State Of Bihar on 3 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9050 of 2023
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M/S Astric Computers (I) Pvt. Ltd. Located at 401, Samriddhi Complex,
S.P.verma Road,P.O.-G.P.O, P.S.- Kotwali Patna-800001, Bihar Through Its
Director Prabhat Kumar Sinha, Male, Aged About-54 Years, S/o Late Vidya
Nand Singh, Resident Of Brindavan, Jagdeopath, Siddarth Apartment Lane,
Rukanpura, P.O.- Bihar Veterinary College, P.s.-Hawai Adda,Bihar -800014.
... ... Petitioner/s
Versus
1. The State of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna.
2. The Development Commissioner Cum Chairman Bihar Skill Development
Mission Department Of Labour Resources, Govt. Of Bihar, A-wing,5th
Floor,Niyojan Bhawan, Patna-800001
3. The Principal Secretary Cum CEO Bihar Skill Development Mission
Department Of Labour Resources, Govt. Of Bihar, A-wing,5th
Floor,Niyojan Bhawan, Patna-800001.
4. The Additional Chief Executive Officer, Bihar Skill Development Mission
Department Of Labour Resources, Govt. Of Bihar, A-wing,5th
Floor,Niyojan Bhawan, Patna-80001.
5. The Mission Director, Bihar Skill Development Mission Department Of
Labour Resources, Govt. Of Bihar, A-wing,5th Floor,Niyojan Bhawan,
Patna-800001.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Deo Prakash Singh, Advocate
For the Respondent/s : Mr.S.K. Mandal (SC 3)
Mr. Bipin Kumar, AC to SC-3
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 03-08-2023
In the instant petition, petitioner has prayed for the
following reliefs:-
"(I) For issuance of writ in the nature
of mandamus to directed the Respondents to
quash the order of Temporary Blocking Course
Allocation-KYP (Kushal Yuva Programme
Patna High Court CWJC No.9050 of 2023 dt.03-08-2023
Courses) communicated through e-mails, dated
21/03/2023 for the 8 blocks noted as under
S.No. Block District
1 Biharsharif Sadar Nalanda
2 Dalsinghsarai Samastipur
3 Madanpur Aurangabad
4 Udwantnagar Bhojpur
5 Athmalgola Patna
6 Dighwara Saran
7 Danapur Patna
8 Sonepur Saran
(additionally
awarded on
appreciation of
good work)
Without adherence to the principles of
natural justice causing impairment of
fundamental rights u/s 19(1)(g), 14 and 21 of
the petitioner with the domino effect to the
livelihood of more than 50 employees, idleness
of more than 200 computers and a running loss
of Rs. 10 Laksh on monthly basis at 8 KYP
Centres due to the callous, capricious, abrupt
and without jurisdictional action of the
Respondent no. 4 suffering from the vice of
unreasonableness with respect tot he Skill
Development Centres.
(ii) For holding a declaration that the
action of the blocking of the Course Allocation-
KYP Courses since 21/03/2023 at subsisting
centres of KYP skill training Classes at the 8
Skill Development by the Respondent authorities
all of a sudden for the dream project of Govt. of
Bihar "Arthik Hal Yuvayon Ko Bal" (Economic
solution and enhancement of employability to
youth) is squarely irrational and unfair without
following the wednesbury principle of
reasonableness which has been running
successfully and with exemplary performance
matrix under the valid Letter of Award (LOA)
and the Agreements since 2016 (7 years).
Patna High Court CWJC No.9050 of 2023 dt.03-08-2023
(iii) For issuance of an appropriate
writ in the nature of mandamus commanding
the Respondents to unblock the course
allocation-KYP Courses and allow the course
allocation and admission of skill trainees with
immediate effect, which has been blocked since
21/03/2023 without preceding any show cause,
any proceeding, any personal hearing with
respect to the LOA, dated 03/10/2016,
15/09/2016, 18/11/2016 for the 7 blocks plus
one allotted on the basis of exemplary
performance by the Letter of Award throgh e-
mail, dated 26/07/2018 to the Petitioner and
causing huge financial loss and hardship
including idling of the men and machine due to
this arbitrary and unreasonable action of the
Respondents.
(v) For issuance of an appropriate
writ in the nature of mandamus directing the
Respondents to quash the order of debarment
issued vide letter no. BSDM/Knowledge
Partner-228/2022-712 Dated 26/05/2023
without jurisdiction and any provision in the
RFP which is distinctly and specifically barred
as per the provision at page no-5 of the RFP
and clause 39, page 33 of the RFP for non-
submission of bank guarantee without any cause
of action.
(v) For issuance of appropriate writ
directing the Respondents to suitably
compensate the financial loss in the interregnum
caused due to the arbitrary action of blocking
the course allocation and admission to the Skill
Development Centres of the Petitioner.
(vi) For the grant of interim relief of
allowing the admission at the 8 Skill
Development Centres under KYP Courses
causing irreparable running loss and damage to
the Petitioner.
Patna High Court CWJC No.9050 of 2023 dt.03-08-2023
(vii) For issuance of any other relief
or reliefs for which the Petitioner may be found
entitled to the facts and circumstances of the
case."
2. One of the contention raised by the petitioner insofar
as impugned action is that petitioner has not been heard in the
matter. To overcome such contention learned counsel for the
respondents relied on Letters dated 01.03.2023 (Annexure-B) read
with 11.05.2023 (Annexure-P) annexed to counter affidavit filed
on behalf of respondent no. 3 dated 20.07.2023.
3. Perusal of both the documents it is not evident that
there was a proposal for closure of the petitioner's training centre.
Therefore, learned counsel for the respondents' contention is
hereby rejected. While drawing inference that petitioner has not
been heard in the matter, it is to be noted that closure of the
training centre would result in civil consequence like affecting
livelihood of the petitioner. Therefore, the petitioner has made out
a case.
4. Accordingly, the impugned orders dated 21.03.2023
stands set aside reserving liberty to the respondents to proceed in
accordance with law after giving due notice and also hearing the
petitioner. On receipt of petitioner's explanation on the notice to be
issued by the respondents shall be considered within a period of
two months from the date of such explanation.
Patna High Court CWJC No.9050 of 2023 dt.03-08-2023
4. With the aforesaid observations, the present writ
petition stands allowed.
(P. B. Bajanthri, J)
( Jitendra Kumar, J)
Vikash/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date
Transmission Date N/A
