Patna High Court
M/s Om SteelversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
Since the financial bid had already been opened and the contract awarded, the Court disposed of the writ application without granting any relief.
Summary
M/s Om Steel filed a writ petition challenging the e‑tender notice (NIT No. ICDS‑01/25‑26) issued by the Bihar ICDS Directorate for procuring utensil sets for Anganwadi centres, alleging that the eligibility and quality conditions were arbitrary, unreasonable, and violative of Articles 14 and 21 of the Constitution. The petitioner sought a certiorari to quash the notice and a mandamus directing a fresh, transparent tender. The respondents argued that the financial bids had already been opened and the contract awarded to private parties. The Court observed that, given the contract award, the petition could not be entertained further. Consequently, the writ application was disposed of without any relief being granted.
Issues considered
- Whether the e‑tender notice and its eligibility/quality conditions violate Articles 14 and 21 of the Constitution.
- Whether the High Court can quash the tender and direct a fresh procurement through certiorari and mandamus.
- Whether the petition remains maintainable after the financial bids have been opened and the contract awarded.
Subjects
- e‑tender
- public procurement
- Articles 14
- Article 21
- certiorari
- mandamus
- ICDS
- child welfare
- eligibility criteria
- contract award
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.564 of 2026
======================================================
M/s Om Steel, a manufacturing and supply concern engaged in the business
of brass and stainless-steel utensils, having its place of business at Court
Road, Behind Gowshala, Jagadhri- 135003, Haryana, through its
Proprietor/Authorized Signatory Gautam Jain, Male, aged about 51 years, Son
of Narender Kumar Jain, Resident of 1516, 2, Adar Estate Behind Gowshala,
Near S.D. Public School, Chotti Line, Jagdhri, Yamunanagar, Police Station-
Yamunanagar, District- Haryana, PIN Code- 135001.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Social Welfare, Government of
Bihar, Patna.
3. The Director, Integrated Child Development Services (ICDS), Government
of Bihar, Patna.
4. The Tender Scrutiny / Technical Evaluation Committee, ICDS Directorate,
Patna.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Ankit Kumar Singh, Advocate
For the Respondent/s : Mr. Addl. Advocate General (05)
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 05-02-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The following reliefs have been sought for by the
petitioner in the present writ application:-
“1 (I) To issue a writ in the nature of
Certiorari, quashing and setting aside the
impugned Notice Inviting e-Tender, NIT No.
ICDS-01/25-26 dated 22.08.2025, issued by
Patna High Court CWJC No.564 of 2026(2) dt.05-02-2026
2/3
the Directorate of Integrated Child
Development Services (ICDS), Department of
Social Welfare, Government of Bihar, for
procurement of utensil sets for 1,15,009
Anganwadi Centres across all 38 districts of
Bihar, alongwith Corrigendum-I and allied
communications/amendments, insofar as the
impugned tender prescribes arbitrary,
unreasonable, disproportionate and
exclusionary eligibility conditions, dilutes
mandatory quality standards meant for child
welfare, removes effective in inspection
safeguards, and permits testing through
NABL/private laboratories, thereby violating
Articles 14 and 21 of the Constitution of
India.
(ii) To issue a writ in the nature of
Mandamus, directing the respondents to
conduct public procurement in a fair,
transparent, competitive and constitutionally
compliant manner by re-framing the
eligibility and quality conditions, and* to
issue a fresh tender ensuring, inter alia,
procurement of utensils of appropriate child-
safe grade (including mandatory 304-grade
stainless steel with ISI certification or
equivalent child-safe standard as may be
specified), rational turnover and experience
norms, inclusion of private-sector experience
in evaluation, restoration/strengthening of
Patna High Court CWJC No.564 of 2026(2) dt.05-02-2026
3/3
inspection mechanisms, and a transparent
testing regime conducted through
Government laboratories with public
disclosure of results.
(iii) And for any other relief(s) as per the
facts and circumstances of this case.
3. On behalf of the learned counsel for the petitioner,
it has been submitted that the financial bid has already been
opened and contract stands awarded to private parties.
4. In view of the aforesaid submission, no further
orders are required to be passed in the present writ application.
5. Accordingly, the present writ application stands
disposed of.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
( Rajesh Kumar Verma, J)
U.K./-
U T
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