Maa Kalika Security Services Pvt. ... vs The State Of Bihar
2023 Latest Caselaw 5358 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.14038 of 2023
     ======================================================

Maa Kalika Security Services Pvt. Ltd through its proprietor/director Navin Kumar (Male Aged about 35 years), son of Umakant Pandey, having its registered Office at- Krishna Puri, Parwatia Tola, Bettiah, West Champaran, Pin Code- 845438.

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary Health Department Govt. of Bihar having his office at Vikas Bhawan, P.S. Sachivalaya, District Patna.

2. The Director in Chief, Health Department having his office at Vikas Bhawan, P.S. Sachivalaya, District Patna.

3. The Collector West Champaran, Bettiah.

4. The Principal State Govt. Medical College Bettiah West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Ranjan Kumar Dubey, Advocate For the Respondent/s : Mr.Ajay Behari Sinha, GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 16-10-2023

In the instant petition, the petitioner has prayed for

following reliefs:-

"(i) For issuance of writ in the nature of command directing the official respondents to not take final decision in respect of selection of attendant (Class IV employee) in the Medical College, Bettiah, West Champaran by means of outsourcing in pursuance of tender notice dated 27.07.2023 published in daily news paper vide P.R. No. PR-005849 (Health) 2023-

Patna High Court CWJC No.14038 of 2023 dt.16-10-2023

(ii) For issuance of writ in the nature of command directing the official respondents to take a fresh decision after cancelling the selection if any with respect to selection of the agency for supplying the attendant (Class IV employee) on contract basis in Govt. Medical College, Bettiah since financial bid was not opened in presence of any of the applicants as per the terms and conditions nor any notice was ever given to them.

                                         (iii)   For      any    other   writ/writs,
                         order/orders        for       which    petitioner   deemed
                         entitled to."

2. The aforementioned relief cannot be granted

since material information is not placed on record as to why this

Court has to command the concerned respondent not to take

final decision pursuance to the tender notice dated 27.07.2023.

At the same time, petitioner is praying for a direction to the

official respondents to take a fresh decision in the absence of

necessary material to show that rightly or wrongly some

decision has been taken by the official respondents.

3. The second prayer is speculative in nature, even

for examination of the second prayer, no material is placed on

record. In other words, the entire petition is bereft of material Patna High Court CWJC No.14038 of 2023 dt.16-10-2023

information so as to examine the relief sought by the petitioner.

Accordingly, the present petition stands dismissed reserving

liberty to the petitioner to file a fresh petition with all necessary

materials in accordance with law.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J) manish/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          18.10.2023
Transmission Date       NA