Patna High Court
M/S. Gandhi Enterprises vs The State Of Bihar on 30 April, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14328 of 2024
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1. M/s. Gandhi Enterprises through its proprietor, Amit Kumar Rai, male, aged
about 47 years, s/o Nawal Kishore Rai, r/o Kajipur, Naya Tola, P.O.-
Bankipore, P.S.- Kadamkuan, District- Patna, Bihar- 800004
2. M/s. Maa Bhagwati Press, through its proprietor, Nirmal Kumar, male, aged
about 57 years, s/o Mithilesh Prasad Singh, r/o 480-D, Near Forest Office,
Patliputra, Nehru Nagar, Phulwari, Patna, Bihar- 800013
3. M/s. Bharat Bharti, through its proprietor Nagendra Saharma, male, aged
about 56 years, s/o Ranganath Sharma, r/o Adarsh Vihar Colony, Ward No.
20, Hanuman Chowk, Danapur, Khagaul, Patna, Bihar- 801503
4. M/s. Paras Publication Private Limited, through its proprietor Rakesh
Kumar, male, aged about 51 years, r/o Near Raj Kumar Complex,
Bankipore, Khazanchi Road, P.S.- Pirabhore, P.O.- Bankipore, Patna, Bihar-
800004.
5. M/s. JMD Press, through its proprietor Satish Kumar, male, aged about 59
years, s/o Late Kesho Lal r/o Near Krishna Niketan School, Jakariyapur,
Ram Krishna Nagar, Patna, Bihar-800007.
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Government of Bihar, Patna.
2. Additional Chief Secretary, Education Department, Government of Bihar,
Patna.
3. State Council of Educational Research and Training, through its Director,
Mahendru, Patna-06
4. Director, State Council of Educational Research and Training, Mahendru,
Patna-06
5. Chief Finance Accounts Officer, State Council of Educational Research and
Training, Mahendru, Patna-06
6. Procurement Expert, State Council of Educational Research and Training,
Mahendru, Patna-06
Patna High Court CWJC No.14328 of 2024 dt.30-04-2025
2/4
7. Bihar Education Project Council, through State Project Director, Siksha
Bhawan, Rashtra Bhasha Parishad Campus, Saidpur, Rajendra Nagar, Patna,
Bihar 800004
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shiva Kumar, Advocate
For the Respondent/s : Mr. Anjani Kumar, AAG- 4
For the BEPC : Mr. Girijish Kumar, Advocate
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 30-04-2025
We have heard Mr. Shiva Kumar, the learned
Advocate for the petitioners; Mr. Anjani Kumar, the
learned AAG- 4 for the State; and Mr. Girijesh Kumar, the
learned Advocate for the Bihar Education Project Council.
2. This writ petition is directed against
respondent Nos. 2 to 6 for having illegally distributed the
work of printing and delivery of question-cum-answer
booklets for class I to VIII and denying the opportunity to
the petitioners and other printers in the State of Bihar
Patna High Court CWJC No.14328 of 2024 dt.30-04-2025
from taking part in a public procurement process, without
conducting any advertised tender enquiry and without
following the Bihar Financial Rules, 1950, as amended.
3. It appears that for the work of printing
question papers, confidentiality had to be maintained.
Precisely for this reason, this work was taken out of the
main tender with respect to other works and the award
was given to a printer, whose name fell in the list
maintained by the Bihar State Text Book Publishing
Corporation Limited.
4. Though, we have not been able to
understand the process by which even amongst such
limited number of publishers and printers how was the
selection made, but considering the fact that now the
examination is over, the writ petition has lost its force.
5. We only observe that even while
maintaining the secrecy and confidentiality, the process of
selection of a publisher has to be transparent to that
extent and in that case, the other similarly situated
Patna High Court CWJC No.14328 of 2024 dt.30-04-2025
publishers and printers ought to know the reason.
6. We do not say any further only for the
reason that the work against the tender was completed
and the examinations are over.
7. The writ petition stands disposed of
accordingly.
8. Interlocutory application/s, if any, also
stand disposed of accordingly.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Sauravkrsinha/
Praveen-II-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01.05.2025
Transmission Date NA
