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Patna High Court

M/s Shivam Sweets and SnacksversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to issue mandamus and instead directed the respondent to consider the petitioner's representation and pass a reasoned order.

Summary

M/s Shivam Sweets and Snacks, through its proprietor, filed a writ petition seeking a mandamus directing the State of Bihar and its agencies to include the petitioner in the panel of agencies selected under the tender process for Mass Management Services for Government Teacher Education Institutions. The petitioner claimed it had submitted all required qualifications, experience, and net‑worth documents within the stipulated time and that similarly situated entities had been empanelled. It also highlighted a pending representation filed with the Bihar State Council of Educational Research and Training (SCERT). The Court, without adjudicating the merits, directed SCERT to consider the representation and issue a reasoned order after hearing all stakeholders. Consequently, the writ application was disposed of without granting the relief of mandamus.

Issues considered

  • Whether the petitioner is entitled to a writ of mandamus directing its inclusion in the empanelment panel for mass management services.
  • Whether the failure to consider the petitioner's representation violates the duty of the respondent authority under administrative law.

Subjects

  • mandamus
  • empanelment
  • tender process
  • government teacher education institutions
  • administrative law
  • public procurement

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3207 of 2026
                 ======================================================
                 M/s Shivam Sweets and Snacks through its Proprietor Jay Shankar Kumar,
                 aged about 52 years, Male S/o- Late Shatrughan Prasad Barnwal, Resident of
                 Mohalla- Sabji Mandi, Akharaghat Road, P.S- Sikandarpur, District-
                 Muzaffarpur, Bihar.

                                                                            ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Education Department,
                 Government of Bihar, Patna.
           2.    Bihar State Council of Educational Research and Training (SCERT), through
                 its Director, Mahendru, Patna, State of Bihar.
           3.    The OSD-cum-Joint Director (Administration), Member Tender Committee,
                 Mass Management Services for Government Teacher Education Institutions
                 (TEIs), State of Bihar.
           4.    The Head of Department (In-Charge), Mass Management Services for
                 Government Teacher Education Institutions (TEIs), State of Bihar.
           5.    The OSD-cum-DDO, Mass Management Services for Government Teacher
                 Education Institutions (TEIs), State of Bihar.
           6.    The Statistical Officer cum Audit cum Accounts Officer, Mass Management
                 Services for Government Teacher Education Institutions (TEIs), State of
                 Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Rajiv Ranjan Kr. Pandey, Advocate
                 For the Respondent/s   :     Mr. Standing Counsel-28
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

3   25-03-2026                   The present writ application has been filed for the

                   following reliefs:

                                            “1. That this writ application is being
                                  filed for issuance of a writ in the nature of
                                  "Mandamus" for commanding the respondents to
                                  include the petitioner firm in the panel of the
Patna High Court CWJC No.3207 of 2026(3) dt.25-03-2026
                                            2/3




                         selected agencies pursuant to the tender process
                         for    empanelment        of    agencies   for   Mass
                         Management Services for Government Teacher
                         Education Institutions (TEIs) in the State of
                         Bihar, as the petitioner has duly submitted all
                         requisite      qualifications      including     work
                         experience, net worth certificate and other
                         related documents within the time granted, and
                         further since similarly situated persons have
                         been selected by the respondent authority.
                                      1/A For issuance of any other
                         writ/writs, order/orders, direction/directions for
                         which the petitioner is found entitled to.”



                      2. Learned counsel for the petitioner submits that the

          petitioner has already approached Respondent No. 2 by filing a

          representation bearing Letter No. 185 dated 12.02.2026, which

          is still pending consideration.

                      3. Having regard to the nature of the relief sought and

          without expressing any opinion on the merits of the case,

          Respondent No. 2 is directed to consider the representation of

          the petitioner and pass a reasoned and speaking order in

          accordance with law, after affording due opportunity of hearing

          to all the stakeholders.

                        4. Accordingly, with the aforesaid observation, the

          present writ application stands disposed of.
            Patna High Court CWJC No.3207 of 2026(3) dt.25-03-2026
                                                        3/3




                                  5. Pending application(s), if any, shall stand disposed

                      of.



                                                  (Sudhir Singh, J)


                                                (Shailendra Singh, J)
Anushka/-

U


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