Patna High Court
Shakti EnterprisesversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed as infructuous because the respondents’ right to withdraw the tender under clause 3.4 eliminates the basis for relief.
Summary
The petition was filed by Shakti Enterprises challenging the Bihar Education Project Council’s tender for exclusive supply of sports kits, alleging that several tender clauses were arbitrary, discriminatory and violative of Articles 14, 19 and 301 of the Constitution. The petitioner sought quashing of the tender, a declaration of lack of transparency, modification of the conditions and a stay of further proceedings. The respondents contended that under clause 3.4 of the tender document they retained an unfettered right to annul the bidding process at any time without assigning reasons. The Court observed that the respondents had indicated their intention to withdraw the tender pursuant to that clause, rendering the petitioner’s grievance moot. Consequently, the writ petition was held to be infructuous and disposed of, with the interim stay previously granted being vacated.
Issues considered
- Whether the tender clauses 4.1(1), 4.1(2), 4.1(4), 4.1(7) and 4.1(18) are arbitrary, discriminatory and violative of Articles 14, 19 and 301 of the Constitution
- Whether a writ of certiorari is maintainable when the respondents possess a contractual right to annul the tender under clause 3.4
- Whether the court can direct modification or rationalisation of the tender conditions
Legislation cited
- Constitution of India — s. Article 14, Article 19, Article 301
Subjects
- tender
- public procurement
- arbitrariness
- discrimination
- Constitution of India
- Article 14
- Article 19
- Article 301
- certiorari
- writ petition
- Bihar Education Project Council
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15261 of 2025
======================================================
Shakti Enterprises a Proprietorship Firm, having its address at 146, 146/1, Sai
Puram, Delhi Road, Police Station - Brahmpuri, District- Meerut (Uttar
Pradesh) through its Proprietor Ajay Sehgal, male, aged 52 years, Son of Late
Nand Kishore Sehgal, resident of 339, Dashmesh Nagar, Police Station -
Railway Road, District- Meerut (Uttar Pradesh). ... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. Bihar Education Project Council having its Office at Shiksha Bhawan,
Rashtra Bhasha Parishad Council, Saidpur, Rajendra Nagar, Patna.
3. The State Project Director, Bihar Education Project Council, Patna, Bihar.
4. The Union of India through the Secretary, Ministry of Education,
Government of India, New Delhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Murari, Advocate
: Mr. Parijat Saurav, Advocate
For the Respondent/s : Mr. Standing Counsel-28
For the UOI : Mr. Narendra Kumar Singh, CGC
For the BEPC : Mr. Girijesh Kumar, Advocate
: Mr. Akash Anand, Advocate
For the Intervenor : Mr. Santosh Kumar, Sr. Advocate
: Mr. Saket Tiwary, Advocate
: Mr. Prafulla Ranjan Tiwary, Advocate
: Mr. Utsav, Advocate
: Mr. Animesh Gupta, Advocate
: Mr. Raghav Vats, Advocate
: Md. Arif Imam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
6 12-02-2026 Heard learned counsels for the parties.
2. The present writ petition has been filed for the
following reliefs:-
a) For issuance of a writ in the nature of
certiorari or any other appropriate writ or
order for quashing the entire tender for
Patna High Court CWJC No.15261 of 2025(6) dt.12-02-2026
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Sports Kit bearing Tender ID
BEPC/SPORTS KIT/2025-26/3127 Dated
11/07/2025, more particularly conditions
contained in clause 4 1(1), 4.1(2), 41(4),
41(7) and 4 1(18) of the impugned tender
dated 11/07/2025 (Annexure P-3, page no
78-81), issued by the respondent Bihar
Education Project Council for being
arbitrary, whimsical, tailor-made and thus
discriminatory.
b) Further to declare and hold, as the
entire impugned tender process suffers
from lack of transparency and objectivity,
which is evident from the facts that
participation of companies only has been
permitted as bidder in the tender process
[clause 4.1(1)], and the [clause 4.1(7)],
which conditions are restrictive,
extraneous, beyond the scope of work of
supply of sports kits and thereby arbitrary,
illegal and unconstitutional since violative
of Article 14, 19 and 301 of the
Constitution of India.
c) To direct the respondents to suitably
modify and rationalize the tender
conditions of BEPC/SPORTS KIT/2025-
26/3127 Dated 11/07/2025, in tune with the
initial tender bearing Tender ID
BEPC/SPORTS KIT/2024-25/4330 Dated
16/11/2024 so as to enable the petitioner
and others to participate in the ensuing
tender process for exclusive supply of
sports kits.
d) During pendency of the writ petition, be
pleased to stay the further proceedings
related to the impugned Tender ID
BEPC/SPORTS KIT/2025-26/3127 Dated
11/07/2025 (Annexure P-3) issued by the
respondent Bihar Education Project
Patna High Court CWJC No.15261 of 2025(6) dt.12-02-2026
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Council.
3. Learned counsel for the respondents submits that
the respondent authorities intend to withdraw the NIT in
question in terms of clause No. 3.4 of the NIT which provides
the right of the authority to annul the bidding process. Clause
3.4 reads as follows:-
3.4 RIGHT TO ACCEPT OR REJECT
a) The BEPC. GOB may reject a proposal
at any stare if it is found that the firm
recommended for award has indulged in
corrupt or fraudulent activities in
competing for the contract in question, and
may also declare a firm ineligible or
blacklist the firm, either indefinitely or for
a stated period of time, if at any time it is
found that the firm has engaged in corrupt
or fraudulent practices in competing for, or
in executing the contract.
b) Notwithstanding anything contained in
this RFP, the BEPC, GOB reserves the
right to accept or reject any Proposal and
to annul the bidding process and reject all
Proposals and to at any time, without any
liability or any obligation for such
acceptance, rejection or annulment,
without assigning any reasons.
c) BEPC GOB reserves the right to reject
any Proposal if, at any time, a material
misrepresentation made by a Bidder at any
stage of the bidding process is discovered.
4. Considering the aforesaid submission, no further
order is required to be passed in the present writ application, as
the grievance of the petitioner no longer survives.
Patna High Court CWJC No.15261 of 2025(6) dt.12-02-2026
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5. Accordingly, the present writ application stands
disposed of as having become infructuous.
6. The interim relief granted to the petitioner vide
order dated 17.09.2025 stands vacated.
7. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Suruchi/-
U
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