Patna High Court
Jawahar Lal Yadav vs The State Of Bihar on 30 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11048 of 2023
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Jawahar Lal Yadav Son of Hari Kisun Yadav, resident of Village- Paut, P.O. -
Agarsanda, P.S. Arrah Muffasil, District - Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Rural Works Department,
Government of Bihar, Patna.
2. The Principal Secretary, Rural Works Department, Government of Bihar,
Patna.
3. The Engineer-in-Chief, Rural Works Department, Government of Bihar,
Patna.
4. The Superintending Engineer, Work Zone, Kishanganj, Rural Works
Department, Government of Bihar.
5. The Technical Secretary to the Engineer in Chief, Rural Works Department,
Government of Bihar, Patna.
6. The Chief Engineer-4-cum-Nodal Officer, 3054, Rural Works Department,
Government of Bihar, Patna.
7. The Chief Engineer-2 Rural Works Department, Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ashish Giri, Advocate
Mr.Sumit Kumar Jha, Advocate
Mr.Riya Giri, Advocate
For the Respondent/s : Mr.Raghwanand (Ga11)
Mr.Prabhat Kumar, Ac to GA11
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 30-08-2023
In the instant petition, petitioner has prayed for the
following relief(s):-
"(i) To issue a
writ/order/direction in the nature of
certiorari to set aside order contained in
Memo No. 3326 dt. 27.06.2023 issued
under the signature of Engineer-in-chief,
Patna High Court CWJC No.11048 of 2023 dt.30-08-2023
Rural Works Department by which the
petitioner has been qualified from the
technical bid for the reason that the
character certificate submitted by the
petitioner along with his bid is not in
accordance with tender and hence the
technical bid of the petitioner is rejected as
per Clause 34 of the NIT in relation to
Package No. MR-N/22-23 Araria/08 at Sl.
No. 1.
(ii) To hold and declare that the
action of Respondent authorities in
disqualifying the petitioner vide Memo No.
3326 dated 27.06.2023 issued under the
signature of Engineer-in-chief, Rural
Works Department from technical bid is
arbitrary, malafide, perverse and not
sustainable in the eye of law.
(iii) To issue a
writ/order/direction in the nature of
Mandamus, directing the respondents
authorities to declare the petitioner
technically qualified in relation to the
present NIT in relation to Work Division,
Araria bearing Package No. MR-N/22-23
Araria/08 at Sl. No. 1 issued by the
Respondent Rural Works Department and
further for opening of financial bid of the
petitioner prior to finalizing the tender.
(iv) To pass interim/exparte
interim direction to the respondents to
consider the financial bid of the petitioner
subject to the result of the present writ
application. And/or order restraining the
respondents from finalizing the tender in
question and/or no final contract be
awarded in relation to Work Division,
Araria bearing Package No. MR-N/22-23
Araria at Sl. No. 1 issued by the
Respondent Rural Works Department.
(v) To issue a
writ/order/direction in the nature of
Mandamus directing the respondents
Patna High Court CWJC No.11048 of 2023 dt.30-08-2023
authorities to let the petitioner participate
in the financial bid.
(vi) Alternatively to issue
writ/order/direction in the nature of
dated 28.01.2021 issued under the
signature of Secretary, Rural Works
Department, Bihar, Patna under the grab
of which the technical bid of the petitioner
has been rejected as being ultra-vires
Article 19(1)(g) of the Constitution of
India.
(vii) To any other relief or reliefs
for which the petitioner is found to be
entitled in the facts and circumstances of
the case."
2. On 09.08.2023 the following order was passed:-
"Heard learned counsels for the
respective parties.
2. Learned counsel for the State -
respondent is hereby directed to file counter
affidavit before the next date of hearing. In
the meanwhile, official respondents are
hereby directed to stall tender process till
next date of hearing for the reasons that
petitioner's technical bid has been turned
down with reference to Clause 34 of tender
document and it relates to furnishing of
valid character certificate.
3. The petitioner is stated to have
furnished valid character certificate. The
contents of the certificate is relevant and
not format. Therefore, the concerned
respondent, in their counter affidavit, must
furnish any relevant document to indicate
that there was certain prescribed format
and it was made know to the respective
bidders.
4. Re-list this matter on
30.08.2023.
5. Further, reasons for rejection
of petitioner's technical bid on the score
Patna High Court CWJC No.11048 of 2023 dt.30-08-2023
that the petitioner is facing criminal
proceedings. Even on this point, the tender
document does not disqualify a bidder who
is facing criminal proceedings."
3. The concerned respondents have filed their counter
statement on behalf of the Respondent Nos. 1 to 6 and they have
reiterated the stand taken in CWJC No. 9710 of 2023.
4. Learned counsel for the petitioner submitted that the
present matter is squarely covered by the decision in the case of
Jawahar Lal Yadav vs State of Bihar & Ors passed in CWJC No.
9710 of 2023 dated 21.08.2023. The same has not been disputed
by learned counsel for the respondents.
5. Accordingly, the present writ petition stands allowed
in the light of the order passed in CWJC No. 9710 of 2023.
Impugned order dated 27.06.2023 stands set aside.
6. The concerned authorities are hereby directed to
accept the petitioner's bid if it is otherwise in order.
(P. B. Bajanthri, J)
(Arun Kumar Jha, J)
abhishekkr/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 04.09.2023
Transmission Date NA
