Patna High Court
P. Jyoti and Co., Charted AccountantsversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the corrigendum correcting the eligibility clause and revising the tender dates adequately redressed the petitioner's grievance, and therefore the writ petition was disposed of.
Summary
P. Jyoti and Co., a chartered accountant partnership, filed a writ petition challenging Short Term Tender Notice No. 76/2025-26 issued by Bihar State Building Construction Corporation Ltd. (BSBCCL) for accounting and taxation services, alleging that the tender and a specific eligibility clause requiring a performance certificate were arbitrary, discriminatory and violative of Articles 14 and 19(1)(g) of the Constitution. The petition sought quashing of the tender, a stay of its operation, removal of the contested clause, and issuance of a fresh, non‑discriminatory tender. BSBCCL responded by issuing a corrigendum on 17‑03‑2026 that corrected the wording of the performance‑certificate clause and revised the tender dates. The Court held that the corrigendum cured the grievance raised by the petitioner. Consequently, the writ petition was disposed of without any further order.
Issues considered
- Whether the Short Term Tender Notice No. 76/2025-26 and its eligibility clause requiring a performance certificate constitute arbitrary and discriminatory treatment violative of Article 14 of the Constitution.
- Whether the clause also infringes the right to practice any profession under Article 19(1)(g) of the Constitution.
- Whether the corrigendum issued by BSBCCL sufficiently rectifies the alleged constitutional defects, rendering the petition unnecessary.
Legislation cited
- Constitution of India — s. Article 14, Article 19(1)(g)
Subjects
- tender
- public procurement
- constitutional law
- equality
- discrimination
- Article 14
- Article 19
- chartered accountants
- corrigendum
- writ petition
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4071 of 2026
======================================================
P. Jyoti and Co., Charted Accountants a Partnership firm , having its Regd.
Office at 6/7, 1st Floor, Dukhan Ram Plaza, Exhibition Road, Patna through
one of its Partners, Sri Paramjeet Singh Baghail, Aged about 36 years, Gender
Male, Son of Subodh Singh, Resident of Ratanpur Gidhaur, Jamui, P.S.-
Gidhaur, District- Jamui, Bihar - 811305.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Building Construction
Department, Government of Bihar, Patna.
2. Bihar State Building Construction Corporation Ltd. (BSBCCL), through its
Managing Director, Government of Bihar, Patna - 800023.
3. Bihar State Building Construction Corporation Ltd. (BSBCCL) through its
Chief General Manager, Government of Bihar, Patna - 800023.
4. Bihar State Building Construction Corporation Ltd. (BSBCCL) through its
General Manager (Finance), Government of Bihar, Patna - 800023.
5. Bihar State Building Construction Corporation Ltd. (BSBCCL) through its
General Manager, Government of Bihar, Patna - 800023.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigank Mauli, Sr. Advocate
Mr. Vishal Kumar, Advocate
Mr. Amit Anand, Advocate
Ms. Jaya Sonam, Advocate
Ms. Somya Kumari, Advocate
For the BSBCCL : Mr. Kumar Abhimanyu, Advocate
Ms. Rushali, Advocate
Ms. Sakshi Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 24-03-2026 Following is the relief sought for in the present writ
application:-
“i. For issuance of an appropriate writ,
order, or direction for quashing and setting aside the
Short Term Tender Notice No. 76/2025-26 dated
Patna High Court CWJC No.4071 of 2026(2) dt.24-03-2026
2/4
25.02.2026 along with the Request for Proposal
(RFP) issued by the Respondent Bihar State
Building Construction Corporation Limited
(BSBCCL)inviting Expression of Interest from
Chartered Accountant firms for accounting, taxation
and financial compliance related services, being
arbitrary, discriminatory, mala fide and violative of
Articles 14 and 19(1)(g) of the Constitution of India;
ii. For issuance of an appropriate writ,
order, or direction staying the operation,
implementation and further proceedings pursuant to
the aforesaid Short Term Tender Notice No.
76/2025-26 dated 25.02.2026, including the opening
of bids and selection of any firm, during the
pendency of the present writ petition;
iii. In the alternative, and without
prejudice to the above, issue an appropriate writ,
order or direction quashing Clause 1(xiv) of the
Eligibility Criteria contained in the impugned
tender, which mandates that any Chartered
Accountant firm that has previously worked with
BSBCCL must submit a performance certificate
issued by BSBCCL prior to the date of publication
of the tender, the said condition being arbitrary,
discriminatory and violative of Article 14 of the
Constitution of India;
iv. Issue an appropriate writ, order or
direction directing the Respondents to issue a fresh
tender or suitably modify the impugned tender
conditions in a fair, transparent and non-
discriminatory manner so as to ensure equal
opportunity to all eligible Chartered Accountant
firms including the Petitioner: AND/OR
v. For grant of such other relief's as this
Hon'ble Court may deem fir and proper in the facts
Patna High Court CWJC No.4071 of 2026(2) dt.24-03-2026
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and circumstances of the present case.”
2. Learned counsel appearing on behalf of
Respondents submits that a corrigendum dated 17.03.2026 has
already been issued, which is reproduced hereinbelow:-
“Bihar State Building Construction Corporation
Ltd. Bihar, Patna
CORRIGENDUM
Short Tender Notice No. 76/2025-26 Dated
25-02-2026
PR No. 025261 (B&C) 2025-26
In view of the typing error, clause B(1)(xiv)
of RFP, the sentence “any CA firm who has worked
or working with BSBCCL shall be required to
submit to latest performance certificate issued by
BSBCCL on or before the date of publishing of this
tender” is being substituted by “any CA firm who
has worked or working with BSBCCL shall be
required to submit satisfactory performance
certificate issued by BSBCCL.”
Therefore, last date of submission of bid and
bid opening date is being revised accordingly as
under:
Revised date of purchase of tender
document:- 19-03-2026 & 20-03-2026
Last date of submission of bid:- 25-03-2026,
11:00 AM
Bid opening date:- 25-03-2026, 03:00 PM
Those bidders, who have already purchased
tender document need not to purchase it again.
sd/-
General Manager (Admin)
Patna High Court CWJC No.4071 of 2026(2) dt.24-03-2026
4/4
Bihar State Building Construction Corporation Ltd.
Bihar, Patna”
3. In light of the aforesaid corrigendum, it appears
that the grievance raised in the present writ applications stands
redressed and, therefore, no further order is required to be
passed in the present matter.
4. Accordingly, the present writ application stands
disposed of in terms of the corrigendum brought on record.
5. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Shailendra Singh, J)
Sachin/-
U
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