IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1698 of 2025 ====================================================== Kumar Narendra Nayak S/o Subodh Kumar Singh, Resident of Kali Ghat Road, Near Bidi Factory, Gola Ghat, P.S.-Sarai, District-Bhagalpur. ... ... Petitioner/s Versus 1. State of Bihar through the District Magistrate, District-Banka. 2. Managing Director, Bihar State Food and Civil Supply Corporation Limited, Sone Bhawan, 5th Floor, Veer Chand Patel Marg, Patna. 3. The District Transport Committee, District-Banka. 4. The District Manager, Bihar State Food and Civil Supply Corporation Limited, District-Banka. 5. District Transport Officer, District-Banka. 6. District Supply Officer, District-Banka. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. Manoj Kumar Pandey, Advocate Mr. Kumar Rajdeep, Advocate For the State : Mr. Nadim Seraj, G.P.-5 Ms. Shalini, A.C. to G.P.-5 For the BSFC : Mr. Shailendra Kumar Singh, Advocate Mrs. Shilpi Singh, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 06-05-2025 Patna High Court CWJC No.1698 of 2025 dt.06-05-2025 2/4 The petitioner, a prospective bidder, is aggrieved by the condition in the tender document that only such bidders shall be permitted to participate in the bid who would file an affidavit clearly specifying that no Court of law has taken cognizance or F.I.R. has been lodged against such bidder or his family members/Director/partner in any manner related to transportation, handling, pilferage, blackmarketing etc. of food grains. 2. No doubt, it is an onerous eligibility condition, as a prospective bidder would not be able to control the activities of his relatives or family members, and only for their wrong doing, he would not have the eligibility to participate in the bid. But considering the fact that the terms and conditions of the tender are in the domain of the policy making body, which in this case is the Corporation, no interference can be made with such condition in the tender document. 3. A further look at the eligibility condition, referred to above, is that such F.I.R. or action is only limited to transportation, handling, pilferage and blackmarketing of food grains and not F.I.R. or complaint for any other Patna High Court CWJC No.1698 of 2025 dt.06-05-2025 3/4 offences under the Court. The sinister impact of the aforenoted eligibility condition is thus very limited and would operate in a very narrow space. 4. It appears that precisely for the reason of several instances of irregularities in the transportation, handling and innumerable number of cases of pilferage and blackmarketing of food grains, such a condition has been incorporated. 5. The eligibility criteria, referred to above, in such circumstances, cannot be said to be violative of Article 19 of the Constitution of India, affecting the right of a person to carry his vocation for his livelihood. 6. However, the Corporation would be well advised to give a re-look to the aforenoted eligibility condition, especially with respect to preventing a person from participating if F.I.R. has been lodged or cognizance taken against any one of the family members of the prospective bidder. A person could have a large number of filial connections and would have many persons in his kindred who might not abide by law. That ought not to prevent an honest businessman to participate in the bid. Patna High Court CWJC No.1698 of 2025 dt.06-05-2025 4/4 7. With the aforenoted observations, the writ petition stands disposed off. P.K.P./Avinash (Ashutosh Kumar, ACJ) (Partha Sarthy, J) AFR/NAFR CAV DATE Uploading Date 07.05.2025 Transmission Date