Akhil Bhartiya Hindi Prakashak Sangh vs The State Of Bihar
2025 Latest Caselaw 62 Patna

Patna High Court

Akhil Bhartiya Hindi Prakashak Sangh vs The State Of Bihar on 5 May, 2025

Author: Partha Sarthy

Bench: Partha Sarthy

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1008 of 2025
     ======================================================
1.    Janvani Prakashan Pvt Ltd. through its Director, Mr. Saurabh Sharma,
      30/35-36

, Gali No. 9, Vishwas Nagar Shahdra Delhi 110032.

2. Post Script, Through its Proprietor Mr. Prayank Sharma 30/21A First Floor Gali No. 9 Vishwas Nagar Delhi- 110032.

3. Gaurav Prakashan, through its Proprietor Gaurav Sharam 518/6b Karkari Road Vishwas Nagar Shahdra Delhi- 110032.

4. Hindustan Prakashan, through its Proprietor Sunil Kumar Sharma 30/23 Gali No. 9 Vishwas Nagar Shahdra Delhi- 110032.

5. Rashtrbhasha Prakashan, through its Proprietor Vinod Kumar Singh 1/2 Gali No. 5 Pandav Road Third Floor Vishwas Nagar Shadra Delhi- 110032.

6. Shilalekh Publishers, Through its Proprietror Shatish Sharma 4/32 Ground Floor Subhash Gali Vishwas Nagar Shahdra Delhi- 110032.

7. Roopantar, Through its Proprietor Dharmesh Ranga Rattani Vyason ka Chowk Bikaner 334005.

8. Subodh Pocket Books, through its Proprietor Anil Kumr Arya 2/4240 A, Ansari Road New Delhi- 110002.

9. Asia Publishers, through its Proprietor Ratika Chopra A-36 Chetak Apartments Rohini Sector 9 Delhi 110085.

10. Akhil Bhartiya Hindi Prakashak Sangh, through its Mahamantrish. Saurav Sharma, 30/35-36, Street No. 9, Vishwas Nagar, Delhi- 110032.

... ... Petitioner/s Versus

1. The State of Bihar through its Chief Secretary, Government of Bihar, Patna.

2. Additional Chief Secretary cum Principal Secretary, Department of Education, Government of Bihar, Naya Sachivalaya, Patna- 800001.

3. Bihar Education Project Council, Through State Project Director, Shiksha Bhawan, II nd and III rd Floor, Bihar Rashtra Bhasha Parishad, Saidpur, Rajendra Nagar, Patna- 800004.

4. Union of India, through its Secretary, Ministry of Education, Department of School Education and Literacy, Government of India, Shastri Bhawan, New Delhi- 110115.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 1762 of 2022 ======================================================

1. M/s University Book House Private Limited through its Director, Arun Kumar Sharma, Male, aged about 62 years S/o Prem Nath Sharma, 79, Chaura Rasta, Jaipur.

2. Arun Kumar Sharma, S/o Prem Nath Sharma, resident of House no. 30/35- 36, Gali No. - 9, near Bank of Baroda Vishwash Nagar, Shahdara, Delhi.

... ... Petitioner/s Patna High Court CWJC No.1008 of 2025 dt.05-05-2025

Versus

1. The State of Bihar through its Chief Secretary, Government of Bihar, Patna.

2. Additional Chief Secretary cum Principal Secretary, Education, Government of Bihar, Patna, Naya Sachivalaya, Patna - 800001.

3. State Project Director, Bihar Education Project Council, Shiksha Bhawan, Rashtrabhasha Parishad Campus, Saidpur, Rajendra Nagar, Patna - 800004.

4. M/s Gyan Ganga through its Proprietor, 2/42 Ansari Road, Daryaganj, New Delhi- 110002.

5. M/s Prabhat Agrawal HUF/M/s Gyan Vigyan Educare, 3639 1st Floor, Netaji Subhash Marg, Daryaganj, New Delhi.

6. M/s Pratibha Pratishthan through its Proprietor 694-B, Chawri Bazaar, Delhi

- 110006.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 4928 of 2022 ====================================================== Akhil Bhartiya Hindi Prakashak Sangh, through its Secretary Mr. Dharmesh Ranga aged about 58 years, Male, resident of 4/363, P.S. Malviua Nagar, District-Jaipur, Rajasthan, Office of 30/35-36, Street No. 9, Vishwas Nagar, Delhi-110032.

... ... Petitioner/s Versus

1. The State of Bihar through its Chief Secretary, Government of Bihar, Patna.

2. Additional Chief Secretary cum Principal Secretary, Department of Education, Government of Bihar, Naya Sachiwalayaa, Patna-800001.

3. Bihar Education Project Council, through State Project Director, Shiksha Bhawan, Rashtrabhasha Parishad Campus, Saidpur, Rajendra Nagar, Patna- 800004.

4. Union of India through its Secretary, Ministry of Education, Department of School Education and Literacy, Government of India, Shastri Bhawan, New Delhi-110115.

5. M/s Prabhat Agrawal HUF/M/s Gyan Vigyan Educate, 3639, 1st Floor, Netaji Subhash Marg, Dayaganj, New Delhi.

6. M/s Gyan Ganga through its proprietor, 2/42, Ansari Road, Dayaganj, New Delhi-110002.

7. M/s Pratibha Prakashan, through its proprietor, 694-B, Chawri Bazar, New Delhi-110006.

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

(In Civil Writ Jurisdiction Case No. 1008 of 2025) For the Petitioner/s : Mr. Amit Kumar, Sr. Advocate (SC) Mr. Sumit Kumar, Advocate Mr. Ranjan Kumar Sinha, Advocate For the Respondent/s : Mr. P.K.Shahi, A.G. Mr. Anjani Kumar, AAG-4 Patna High Court CWJC No.1008 of 2025 dt.05-05-2025

Mr. Alok Kumar Rahi, Advocate Mr. Amit Jha, Advocate Mr. Sanjay Kumar, Advocate For the BEPC : Mr. Girijesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 1762 of 2022) For the Petitioner/s : Mr. Amit Kumar, Sr. Advocate (SC) Mr. Sumit Kumar, Advocate Mr. Ranjan Kumar Sinha, Advocate For the Respondent/s : Mr. P.K.Shahi, A.G. Mr. Anjani Kumar, AAG-4 Mr. Alok Kumar Rahi, Advocate Mr. Amit Jha, Advocate Mr. Sanjay Kumar, Advocate For the BEPC : Mr. Girijesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 4928 of 2022) For the Petitioner/s : Mr. Amit Kumar, Sr. Advocate (SC) Mr. Sumit Kumar, Advocate Mr. Ranjan Kumar Sinha, Advocate For the Respondent/s : Mr. P.K.Shahi, A.G. Mr. Anjani Kumar, AAG-4 Mr. Alok Kumar Rahi, Advocate Mr. Amit Jha, Advocate Mr. Sanjay Kumar, Advocate For the BEPC : Mr. Girijesh Kumar, Advocate For the Union of India : Mr. Praveen Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 05-05-2025

Heard Mr. Amit Kumar, the learned Senior

Advocate for the petitioners in these set of writ petitions

and Mr. Anjani Kumar, the learned AAG-4 for the State.

2. The primary grievance of the petitioners is

that the eligibility/ qualification criteria in the request for

proposal for supply of books in Government schools, viz.,

of having average turnover of Rs. 4 crores for three Patna High Court CWJC No.1008 of 2025 dt.05-05-2025

financial years, is arbitrary, whimsical and has the

potency of excluding good publishers with sound financial

health to participate in such bid.

3. We are afraid, this is not an area in which

Courts could intrude. Fixation of the eligibility criteria is

entirely within the purview of the executive and the

Courts hardly have any role to play in this process, except

when the action of the State is absolutely arbitrary and

unreasonable. [Refer to Michigan Rubber (India)

Limited vs. State of Karnataka and others (2012)

8 SCC 216].

4. The very fact that for all these years, the

same condition has been incorporated in such tenders

which have attracted many bidders and supply of books

have been made, is indicative of the fact that the

conditions are not very onerous.

5. Be that as it may, the supplies against the

present tender have already been made.

6. Mr. Amit Kumar, however, submitted that Patna High Court CWJC No.1008 of 2025 dt.05-05-2025

merely because some time has elapsed, that would be no

ground to consign such petitions as a Court of law always

guards the rights of a party and the judicial remedy does

not become stale under any circumstance.

7. In the present set of circumstances where

supply of books in the schools have already been made,

we do not wish to decide such hypothetical issues as to

whether, in such a situation, a private party would be

entitled to have the hands of the clock turned back and in

this case, by way of compensation, as for that a separate

case of tort, misfeasance, negligence or breach of

statutory duty will be required to be proved.

8. For the aforenoted reasons, we consign all

the three writ petitions.

                                                     (Ashutosh Kumar, ACJ)


                                                        (Partha Sarthy, J)
Bibhash/Rajesh
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          7.5.2025
Transmission Date       NA