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Patna High Court

Ashish RanjanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the objection must be considered and directed the State to pass a reasoned order, thereby disposing the writ petition.

Summary

The petitioner, Ashish Ranjan, challenged the decision of the Technical Bid Evaluation Committee that had declared the technical bid of Respondent No.7 responsive despite alleged non‑compliance with essential contract conditions (Clauses 4.2 and 4.7 of the CMBD). He filed an objection on 22‑12‑2025, seeking quashing of the committee's decision, a reasoned order on his objection, and a restraining order against finalising the tender. The High Court examined whether the committee had lawfully ignored the petitioner’s objection and the eligibility requirements. The Court directed the State (Respondent No.1) to consider the objection, afford a hearing to all stakeholders, and pass an appropriate order within ten days. Consequently, the writ petition was disposed of, with the Court’s directions to the State remaining in force.

Issues considered

  • Whether the Technical Bid Evaluation Committee erred in declaring the bid responsive despite alleged non‑compliance with essential contract clauses.
  • Whether the petitioner’s objection must be considered before the tender can be finalised.
  • Whether a restraining order against further tender proceedings is warranted pending resolution of the objection.

Subjects

  • public procurement
  • technical bid evaluation
  • objection
  • writ petition
  • tendering
  • contract eligibility
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.363 of 2026
                 ======================================================
                 Ashish Ranjan, male, aged about 40 years, Son of Amar Kumar Singh,
                 Resident of Ward No. 02, Vidyapuri, P.S.- Supaul, District- Supaul, Bihar.

                                                                           ... ... Petitioner
                                                   Versus
           1.    The State of Bihar through Secretary, Rural Works Department, Government
                 of Bihar, Patna.
           2.    The Engineer In-Chief, Rural Works Department, Government of Bihar,
                 Patna.
           3.    The Chief Engineer-4, Purnia, District- Purnia, Bihar.
           4.    The Superintending Engineer, Rural Works Department, Works Circle
                 Madhepura, District Madhepura, Bihar.
           5.    The Nodal Officer, Mukhya Mantri Gram Sampark Yojana, Rural Works
                 Department, Government of Bihar, Patna.
           6.    The Executive Engineer, Rural Works Department, Works Division Supaul,
                 District Supaul, Bihar.
           7.    M/s RKS Engicon Pvt. Ltd., having its Head Office at Flat No. 302, 3rd
                 Floor, Adya Niwas, Kavi Raman Path, Boring Road, Patna.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner    :       Mr. Prabhat Ranjan, Advocate
                 For the State         :       Mr. P.K. Shahi, Advocate General
                 For the Respondent    :       Mr. Girijish Kumar, Advocate
                                               Mr. Akash Anand, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                            and
                         HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

                         (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   29-01-2026                  In the present writ petition, the petitioner has prayed

                   for following relief(s):-

                                           “(i) Quashing of the Decision of the Technical
                                           Bid Evaluation Committee Dated 16.12.2025
                                           as contained in Memo No. 3274 dated
                                           17.12.2025 by which, ignoring the objection
                                           filed by the Petitioner, and relaxing the
Patna High Court CWJC No.363 of 2026(2) dt.29-01-2026
                                            2/3




                                   essential conditions of the eligibility, the
                                   Technical Bid of Respondent No. 07 has been
                                   held to be responsive.
                                   (ii) Direction upon the Respondent to dispose
                                   of by a reasoned and speaking order before
                                   finalizing the tender, the objection filed by the
                                   Petitioner on 22.12.2025 against the decision
                                   of the Technical Bid Evaluation Committee
                                   dated 16.12.2025.
                                   (iii)   Restraining   the   Respondents     from
                                   proceeding further and finalizing the tender
                                   process arising out of Notice Inviting Tender
                                   No.        RWD/MMGSY           (Awashesh-Gen)/
                                   HQ/ET/2025-26/07 dated 08.07.2025 during
                                   the pendency of the present writ application
                                   and/or the without the leave of this Hon’ble
                                   Court.”


                      2. It has been submitted on behalf of the petitioner

          that the essential conditions of the contract, namely, Clauses 4.2

          & 4.7 of the CMBD, as well as the prescribed format of the

          credit facility and the competence of the person who submitted

          the same, have been overlooked. Despite non-compliance with

          the said conditions, Respondent No.7 has been declared

          responsive along with the petitioner.

                      3. In this regard, the petitioner has also filed an

          objection vide ‘Annexure P/5’ before Respondent No.1, which

          is pending consideration.
            Patna High Court CWJC No.363 of 2026(2) dt.29-01-2026
                                                        3/3




                                  4. In view of the facts and circumstances of this case,

                      Respondent No.1 is directed to consider the objection filed by

                      the petitioner and pass an appropriate order, in accordance with

                      law, after granting an opportunity of hearing to all the

                      stakeholders, preferably within a period of ten days from the

                      date of receipt/production of a copy of this order.

                                  5. With the aforesaid observation and direction, the

                      present writ application stands disposed of.

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

                      disposed of.


                                                              (Sudhir Singh, J.)


                                                              (Ritesh Kumar, J.)

Gaurav Kumar,
Krishnakant/-

U


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