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Patna High Court

Pramod Kumar PremiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the committee’s order was valid and there was no ground to interfere, thus the writ petition is dismissed.

Summary

The petitioner, Pramod Kumar Premi, participated in NIT RRSMP-11/2025 and was declared technically qualified. He filed a complaint alleging that respondent No.8, Saroj Kumar Yadav, had submitted fraudulent and non‑compliant documents, including missing UDIN numbers and a forged payment certificate. The Technical Bid Evaluation Committee examined the objections and on 26 September 2025 upheld the qualification of all bidders, including respondent No.8, and later issued a work order in his favour. The petitioner sought to quash the committee’s memo, the decision, and to direct the award of the contract to himself, claiming arbitrariness and discrimination. The High Court examined the verification process, found that the committee had duly scrutinised the documents and found no suppression of facts, and concluded that there was no infirmity in the impugned order. Consequently, the court dismissed the writ petition, finding no merit to interfere with the tender process.

Issues considered

  • Whether the Technical Bid Evaluation Committee erred in declaring respondent No.8 qualified despite alleged deficiencies in its documents.
  • Whether the petitioner’s allegations of fraud and non‑compliance justify quashing the committee’s memo and the award of the work order.
  • Whether the tender process was arbitrary, illegal, or discriminatory as claimed by the petitioner.
  • Whether the court can intervene to set aside the award of the contract to respondent No.8.

Subjects

  • tender
  • public procurement
  • technical bid evaluation
  • financial bid
  • UDIN
  • arbitrariness
  • writ petition
  • administrative law
  • government department
  • fraud allegations

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.16785 of 2025
     ======================================================
     Pramod Kumar Premi, Son of Rajendra Bhagat, Resident of Village and P.O.-
     Chotki Badhona, Ward No. 06, P.S.- Chausa, District- Madhepura.

                                                                  ... ... Petitioner/s
                                        Versus

1.   The State of Bihar through Additional Chief Secretary, Rural Works
     Department, Government of Bihar, Patna.
2.   The Additional Chief Secretary, Rural Works Department, Government of
     Bihar, Patna.
3.   The      Engineer-in-Chief-cum-Additional    Commissioner-cum-Special
     Secretary, Rural works Department, Government of Bihar, Patna.
4.   The Chief Engineer- 4, Rural Works Department, Purnea.
5.   The Superintending Engineer, Rural Works Department, Work Circle,
     Madhepura.
6.   The Nodal Officer, MMGSUY, Rural Works Department, Bihar, Patna.
7.   The Executive Engineer, Work Division- Udakishanganj, District-
     Madhepura.
8.   Saroj Kumar Yadav, S/o Ram Narayan Yadav, R/o- At Vikramsher, Ward No.
     08, P.O.- Bharphori, P.S.- Andhramath Kukur Doura, District- Madhubani,
     Pin- 847108.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :      Smt. Namrata Mishra, Sr. Advocate
                                    Mr.Alok Ranjan, Advocate
     For the State          :       Mr. Amish Kumar, Advocate
     For the Respondent No.8:       Mr. Anand Kumar Ojha, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
             and
             HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

      Date : 04-02-2026

                     Heard learned counsel for the parties.

                    2. Following reliefs have been sought in the present

      writ application:

                       “i. For quashing memo as contained in Memo No. 3725
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                        dated 26.09.2025 issued under the signature of the
                        Engineer-in-Chief, cum-Additional Commissioner-cum-
                        Special     Secretary,     Rural   works     Department,
                        Government of Bihar, Patna and other officials
                        (Technical Bid Committee) uploaded on internet site of
                        the Department, on 26.09.2025 after 17.54 PM as
                        evident from digital signature after opening of
                        Financial bid, whereby and where under the complaint
                        filed on behalf of the petitioner against respondent no.
                        8, has erroneously been rejected, to favor him by the
                        respondent authorities, in spite of the fact that
                        respondent no.8 have furnished wrong details (played
                        fraud), have furnished documents without of any
                        signature and annexed audit report without of any
                        UDIN No., without the UDIN no. the veracity of the
                        document cannot be verified, and payment certificate
                        annexed by respondent no. 8 does not contain signature
                        of issuing authority, which is mandatory requirement to
                        be considered for award of work or to participate in the
                        tender process.
                        ii). For quashing of the decision of the respondent
                        authorities dated 26.09.2025 at about 05.53 PM,
                        whereby and where under financial bid of the petitioner
                        along with respondent no. 8 have been opened and
                        respondent no. 8 has been declared as L1, in a very
                        arbitrary, illegal, discriminatory manner, being biased
                        as against the petitioner, without even informing to the
                        petitioner about disposal of the complaint to the
                        petitioner, moreover, the same was uploaded on the
                        website after decision of the technical bid committee
                        considering respondent no.8 as financially qualified.
                        iii). For directing and commanding the respondent
                        authorities to award work order in favor of the
                        petitioner, as the petitioner possesses requisite criteria
                        for grant of work (Tender ID-143336) (RRSMP-11/25-
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                        26 Udakishanganj/01) and is duly qualified in technical
                        and was erroneously declared as 12 and proceed
                        further with the tender and get the agreement executed,
                        allow the petitioner to carry out and complete the work,
                        for which petitioner possesses the requisite criteria.
                        iv. For declaration that the decisions of the authorities
                        dated 26.09.2025 (Technical Bid) and 26.09.2025
                        (Financial Bid) uploaded on official website 17.54PM
                        and 17.53PM respectively as totally baseless, illegal,
                        arbitrary, discriminatory as against the petitioner,
                        biased as against the petitioner, as well as colorable
                        exercise of power and in contravention of Clause 32 of
                        the NIT.
                        v. For any other relief or reliefs for which the petitioner
                        is entitled under law in the facts and circumstances of
                        the present case.”


                     3. The brief facts of the case are that the petitioner had

         participated in NIT No. RRSMP -11/2025 dated 03.07.2025, and

         was declared technically qualified along with two other bidders.

         The petitioner had filed a complaint against Respondent No. 8

         on his being declared as technically successful bidder. The said

         complaint was examined by the Technical Bid Evaluation

         Committee (for short the ‘Committee’) and upon consideration

         of the materials on record the committee passed an order dated

         26.09.2025, which is under challenge.

                     4. It has been submitted on behalf of the petitioner

         that there had been certain suppression of facts on the part of the

         Respondent No. 8. It is submitted that the Respondent No. 8 had
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         not submitted documents in consonance with the terms of NIT;

         The Audit Report submitted by the petitioner did not bear a

         UDIN number, and the Payment Certificate submitted by the

         petitioner appears to be forged.

                     5. A counter affidavit has been filed on behalf of

         Respondent Nos. 5 to 7. Paragraphs 7, 8 and 9 thereof read as

         under:

                        “7. That soon after the communication of the aforesaid
                        decision the petitioner filed his objections/complaints
                        vide his letter dated 12.09.2025 against the bidder
                        namely Saroj Kumar Yadav making allegation therein
                        that the Respondent No. 8 has committed irregularities
                        and requested to verify the document uploaded by
                        Respondent No. 8.
                        8. That considering the complaint filed by the petitioner
                        the tender documents uploaded by the Respondent No. 8
                        were duly verified by the Committee during which it
                        transpired that the amount of financial year 2019-20
                        was mentioned on the attached Turnover Certificate of
                        financial year 2019-20 to 2023-24 and on verification
                        of UDIN mentioned on it, the same amount (Rs.
                        307.81958) was displayed. The amount of 'By Gross
                        Received Civil Contract works' was mentioned as Rs
                        1865.40205 lakh on the Contract and Profit & Loss
                        account of the financial year 2023-24, on which the
                        same amount was displayed during the verification of
                        the UDIN mentioned on it. The total amount of the
                        Payment Certificate (signed by the competent authority)
                        for the financial, year 2023-24 attached by the
                        Respondent No. 8 in the tender is Rs. 1027.23297 lakh
                        (Gross Amount) which is more than the amount of civil
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                        work desired in this tender (Rs. 174.64689 lakh). The
                        attached payment certificates for Supaul and Phulpanas
                        were verified by the Executive Engineers concerned
                        which was found to be valid and correct.
                        9.That after verifying the documents uploaded by
                        Respondent No. 8 the Technical Bid Evaluation
                        Committee, re-convened its meeting on 26.09.2025 and
                        again declared all the bidders qualified including the
                        Respondent No. 8 vide decision communicated Memo
                        No. 3725 dated 26.09.2025.”


                     6. Upon consideration of the submissions and the

         materials on record put forth by both the parties, we find that

         there is no suppression of fact made whatsoever by the

         Respondent No. 8. The respondent authorities vide Annexure –

         P/6 had passed a speaking order taking into account the

         allegations/objections made by the petitioner. The respondent

         authorities had verified the documents which had been

         submitted by the Respondent No. 8 in light of such objections.

         The relevant portion of Annexure – P/6 is reproduced as under:

                        "वसतु ससससत यह है सक सनसवदाकार Saroj Kumar Yadav (Bid

                     Id-626386) दारा सनसवदा मे सं लगन :-

                        सवतीय वरर 2019-20 के Audit Report के कागजात पर

                     UDIN अं सकत नहीं है परं तु सवतीय वरर 2019-20 से 2023-24 के

                     सं लगन Turnover Certificate पर सवतीय वरर 2019-20 की रासश

                     अं सकत है तसा इसपर अं सकत UDIN के सतयापन मे समान रासश

                     (र० 307.81956) प्रदरर्शित होता है ।
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                        सवतीय वरर 2023-24 के Contract and Profit & Loss

                     account के कागजात पर By Gross Received Civil Contract

                     works की रासश 1865.40205 लाख अं सकत है , सजसपर अं सकत

                     UDIN के सतयापन मे समान रासश प्रदरर्शित होता है ।

                        सनसवदाकार दारा सनसवदा मे सं लगन सवतीय वरर 2023-24 के

                     Payment Certificate (सकम प्रप्राधधिकप्रार दारा हसताकसरत) की

                     कुल रासश 1027.23297 लाख (Grosss Amount) है जो इस

                     सनसवदा मे वां सछत Civil work की रासश (र0 174.64689 लाख)

                     से असधक है ।

                        सु पौल एवं Phulparas का सं लगन Payment Certificate पर

                     सकम प्रप्राधधिकप्रार का हसताकर नहीं रहने के कारण इसे consider

                     नहीं सकया जा सकता है । इस सं बंध मे कायरपालक असभयं ता,

                     गप्राममीण कायर सवभाग, कायर प्रममडल-सु पौल दारा सं लगन

                     Payment certificate पर अं सकत सकया गया:- verified and

                     found correct तसा कायरपालक असभयं ता- फुलपरास दारा भी

                     उकत payment certificate को सतयासपत सकया गया है ।"

                     7. In light of the discussions made above, it is

         apparent that the documents uploaded by the respondent no. 8 is

         duly examined and verified by the committee. We, therefore,

         find no infirmity in the impugned order issued by the respondent

         department. As such, no reason is made out to interfere in the

         tender process.

                     8. It won’t be out of place to indicate here that the

         financial bid has also been opened, Respondent No. 8 has been
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                      declared to be L1 and work order dated 05.10.2025 has also

                      been issued in his favour by the Department. The said work

                      order has not been challenged in the present writ application.

                                  9. In view of the aforesaid facts and circumstances,

                      we find no merit in the present writ application.

                                  10. Accordingly, the present writ application stands

                      dismissed.

                                  11. Pending application(s), if any, shall also stand

                      disposed of.




                                                  (Sudhir Singh, J)


                                             (Rajesh Kumar Verma, J)
Sujit/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          06.02.2026
Transmission Date       NA


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