Patna High Court
Sunil Kumar vs The State Of Bihar on 19 December, 2024
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19307 of 2024
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Sunil Kumar Son of Late Paras Prasad, Resident of Ward No.- 7, Teliya Patti,
Chanpatia, P.O. and P.S.- Chanpatia, District- West Champaran, Bihar,
845449.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar.
2. Bihar State Food and Civil Supplies Corporation Limited, through its
Managing Director.
3. The Managing Director, Bihar State Food and Civil Supplies Corporation
Limited, Patna.
4. The District Transport Committee, Bettiah (West Champaran), through the
District Manager, Bihar State Food and Civil Supplies Corporation Ltd.
5. The District Magistrate, Bettiah (West Champaran).
6. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd.,
Bettiah (West Champaran).
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Singh, Sr. Advocate
Mr. Aditya Prakash Sahay, Advocate
Miss Ankita Kumari, Advocate
For the Respondent/s : Mr. P.K. Shahi, Advocate General
Mr. Anjani Kumar, Sr. Advocate
Mr. Shailendra Kumar Singh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 19-12-2024
The writ petitioner is aggrieved by the
disqualification of his tender, as per Annexure-P/4; a
translated copy of which is handed over to us across the
Bar.
2. Learned Senior Counsel Sri Sanjay Singh,
Patna High Court CWJC No.19307 of 2024 dt.19-12-2024
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argued that none of the grounds for disqualification can be
sustained. It is pointed out that Appendix-2 has been filed as
is required under the Notice Inviting Tender (for brevity, the
NIT) and the income tax returns as is provided under the
NIT for an inexperienced bidder requires no UDIN No.
3. We heard Sri P.K. Shahi, learned Advocate
General for the respondents.
4. Annexure-P/4 is the technical evaluation
conducted where the petitioner’s evaluation is at Sl. No. 5.
The first objection raised is that in Appendix-2, the name
and address is not filled up at the prescribed place and that,
it has not been self-attested. Appendix-2 is available in the
NIT produced as Annexure-P/1. The petitioner has uploaded
Appendix-2, which has been produced in the writ petition as
Annexure-P/2. Annexure-P/2 as has been noticed in
Annexure-P/4 does not contain the name and address of the
tenderer. Further, Appendix-2 as available in the NIT is
comprised of two pages while the petitioner has produced
only one page of the uploaded document. It is not clear as to
whether, there has been a self-attestation made in the second
page as is required by the NIT.
Patna High Court CWJC No.19307 of 2024 dt.19-12-2024
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5. The other ground is with respect to UDIN
No. not being available in the documents uploaded. The
petitioner has applied as an inexperienced bidder and as per
Clause-4 of Appendix-3 which refers to the list of
documents attached; for inexperienced bidder; sub-clause
(III) speaks of “copy of income tax return of last three years
or since inception, whichever is later. In case of partnership
firm less than three year old/ proprietor firm, income tax
returns of the partners/proprietor may be furnished”.
6. Juxtaposing Clause (4) with to Clause-3 (IV)
it is submitted that there is no reference to UDIN No in the
document required for an inexperienced bidder. We see that
the returns have been filed, which have been produced
alongwith Annexure-P/6. The income tax returns are all
self-attested and they are authenticated by the signature of
the Chartered Accountant; however, without the UDIN No.
The UDIN No. is a mandatory requirement insofar as the
certificates issued by the Chartered Accountants; which is
not necessarily a requirement under the NIT. Unless the
UDIN No. is available, the document is not an authenticated
one.
Patna High Court CWJC No.19307 of 2024 dt.19-12-2024
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7. We are of the opinion that the
disqualification of the petitioner was perfectly in order. We
reject the writ petition in limine.
(K. Vinod Chandran, CJ)
( Partha Sarthy, J)
aditya/-
AFR/NAFR CAV DATE Uploading Date 21.12.2024. Transmission Date