Prasant Flower v. Bihar State Mid Day Meal (Mdm) Yojana,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6806 of 2020 ====================================================== Prasant Flower, Son of Vinay Kumar Ray, resident of Mohalla- Manik Sarkar Ghat Road, Adampur, P.s.- Jagdishpur, District- Bhagalpur ... ... Petitioner/s

Versus

1.

Bihar State Mid Day Meal (MDM) Yojana, Govt. of Bihar, Patna, through its Director, 2.

Director, Bihar State Mid Day Meal (MDM) Yojana, Govt. of Bihar, Patna 3.

District Magistrate cum Chairman, District Selection Committee, Mid Day Meal Yojana, Bhagalpur 4.

District Programme Officer cum Secretary District Selection Committee, Mid Day Meal Yojana, Bhagalpur 5.

Additional District Magistrate (ADM), Departmental Enquiry cum Member, District Mid Day Meal Yojana committee, Bhagalpur 6.

District Programme Manager cum member MDM Yojana Committee Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar Sinha, Advocate For the Respondent/s :

Mr.Girijish Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 15-11-2021 Petitioner has prayed for the following relief(s):-

2/4 It is submitted on behalf of the petitioner that vide Annexure-1, tender dated 27.07.2019 was invited for the year 2019-20 for appointment of contractor for transportation of Mid-day-Meal from the godown of State Food Corporation to the Govt. schools situated in different

3/4 blocks of the Bhagalpur District, which were Gopalpur, Sanhaula, Bihpur, Nathnagar and Narayanpur.

Petitioner and others participated in the tender process and the contract as far as blocks Gopalpur, Sanhaula, Bihpur and Nathnagar are concerned, attained finality and even the agreement was executed between the authorities and the transporting agency. However, on account of some defect/mistake, Narayanpur Block was retendered along with other 11 Blocks of the Bhagalpur District on 28.02.2020 and the same has also been finalized. Contention of the petitioner is that as far as Annexure-1 is concerned, out of 06 Blocks, tender process of one Narayanpur Block was cancelled due to some defect/mistake in tender as such for remaining Blocks i.e. Gopalpur, Sanhaula, Bihpur and Nathnagar, tender process should also be cancelled and a fresh tender be issued as in tender of these four Blocks also same defect/mistake were existing for which tender of Narayanpur was cancelled. Since the tender has already been finalized and the transporting agency has already entered into agreement with the authorities for transporting the foodgrains from the

4/4 State Food Corporation Godown, Bhagalpur and moreover the petitioners had participated in bid and were not successful as such subsequently they cannot challenge the tender process. The successful bidders have not been impleaded as party respondent to the petition. We see no reason to interfere with concluded contract for carrying foodgrains from the godown of State Food Corporation for Mid-day-Meals in Government schools, which will be against public interest also.

Accordingly, present petition stands dismissed. Interlocutory application, if any, shall stand dismissed.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Sanjay AFR/NAFR NAFR CAV DATE NA Uploading Date 22.11.2021 Transmission Date NA