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2025 DAILYLAW 18225 (RAJ)

MS. BHARATIYA GRAMIN VIKAS SANSTHAN v. THE STATE OF RAJASTHAN

CW/7651/2025 · 2025-07-30

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:28797] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7651/2025 Ms. Bharatiya Gramin Vikas Sansthan, Dholpur Through Director Vishnuvendra Singh Gupta Son Of Sardar Singh Gupta, Aged About 77 Years, Resident Of Ward No. 20, Mohalla Jirola Pada, Old City, Dholpur (Raj.) ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Secretary, Rajasthan School Shiksha Parishad, Govt. Secretariat, Jaipur. 2. The Director, Secondary Education Rajasthan, Bikaner. 3. The Deputy Commissioner, Girls Education, Rajasthan School Shiksha Parishad, Rajeev Gandhi Vidha Bhawan, Second Floor, Shiksha Sankul, J.l.n. Marg, Jaipur. 4. The District Education Officer (Elementary/ Secondary Education), Bharatiyapur. 5. The Additional District Project Coordinator, Samagra Shiksha, Bharatiyapur. 6. The Lead Guard Security Pvt. Ltd., Jaipur, 312, Iiird Floor, Vaishali Tower-I, Nursery Circle, Vaishali Nagar, Jaipur Through Director. ----Respondents For Petitioner(s) : None present For Respondent(s) : None present JUSTICE ANOOP KUMAR DHAND Order 30/07/2025 1. By way of filing this writ petition, a challenge has been led to the impugned order dated 28.03.2025 passed by the Second Appellate Authority by which appeal preferred by the petitioner has been rejected. [2025:RJ-JP:28797] (2 of 3) [CW-7651/2025] 2. It appears that the petitioner has participated in E-Tender process initiated by the respondent No.5. Aggrieved by the process of tender by the respondent No.5, an appeal under Section 38 of the Rajasthan Transparency in Public Procurement Act, 2012 (for short, “the RTPP Act”) was submitted by the respondent No.6 and the same was allowed by the First Appellate Court vide order dated 05.03.2025, assigning certain reasons. 3. Aggrieved by the aforesaid order, second appeal under the same provision was preferred by the petitioner before the Second Appellate Authority wherein the Second Appellate Authority has rejected the second appeal submitted by the petitioner in a cursory manner in one line by observing that the judgment passed by the First Appellate Authority was found to be correct, and no reasons have been assigned for passing such order. 4. It is a settled proposition of law that it is the bounden duty of the Appellate Authority to record reasons while deciding the appeal preferred by any aggrieved person, and non-assigning any reasons in the appeal amounts to violation of principles of natural justice. 5. In the instant case, non-recordig of the reasons on the part of the Second Appellate Authority reflects non-application of mind and non-consideration of the ground taken by the petitioner. On this count alone, the impugned order dated 28.03.2025 passed by the Second Appellate Authority stands quashed and set-aside. The matter is remitted to the Second Appellate Authority, i.e., Secretary, School Education and Language Department. [2025:RJ-JP:28797] (3 of 3) [CW-7651/2025] 6. The Second Appellate Authority is directed to rehear the matter and pass fresh orders by passing a reasoned order, strictly in accordance with law. 7. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /58