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2025 DAILYLAW 73758 (PAT)

M/s. Gandhi Enterprises v. The State of Bihar

CWJC/14328/2024 · 2025-04-30

Partha Sarthy

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14328 of 2024 ====================================================== 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 ====================================================== 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 ====================================================== 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 3/4 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 4/4 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. Sauravkrsinha/ Praveen-II- (Ashutosh Kumar, ACJ) (Partha Sarthy, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 01.05.2025 Transmission Date NA