Rajesh Sav vs. The State Of Bihar
Facts
The petitioner, Rajesh Sav, challenged the decision of the District Transport Committee, Gaya, dated November 18, 2022, which disqualified his technical bid for the appointment of a Transportation-cum-Handling Agent. The disqualification was based on the petitioner's failure to submit his GST Number or its certificate in the technical bid application, as required by Serial No. 7 of the Technical Bid Sheet. The petitioner contended that this requirement was not mandatory and that relaxation had been granted to other contractors. The tender notice was issued under NIT No. 153 dated January 29, 2022. The petitioner sought quashing of the disqualification, reconsideration of his technical bid, and a stay on the selection process.
Held
The Court held that the rejection of the petitioner's technical bid was in order. The petitioner's argument that providing GST information was not mandatory was not appreciated in light of the Technical Bid Sheet, specifically column no. 7, which clearly related to Sales Tax/G.S.T. The Court observed that the petitioner's Technical Bid Sheet was silent in this crucial column. Therefore, the concerned officials were justified in rejecting the petitioner's technical bid for failing to fill up column no. 7. The Court found no infirmity in the rejection of the technical bid and accordingly dismissed the writ petition.
Key Issues
1. Whether the rejection of the petitioner's technical bid for non-submission of GST Number or its certificate is legally sustainable, considering Serial No. 7 of the Technical Bid Sheet and paragraph 10 of the terms and conditions of the tender notice? Petitioner's Argument: The petitioner argued that providing GST information was not a mandatory requirement for disqualification and that relaxation had been granted to other contractors. The reason for disqualification was illegal and contrary to the provisions mentioned in paragraph 10 of the tender notice's terms and conditions. Revenue/State's Argument: The respondents, through the proceedings dated November 18, 2022, indicated that the petitioner's technical bid was rejected because he did not submit his GST Number or its certificate in the technical part of his application, as required by Serial No. 7 of the Technical Bid Sheet. The court noted that the petitioner's Technical Bid Sheet was silent in column no. 7 relating to Sales Tax/G.S.T.
Sections Cited
Section 7 (Technical Bid Sheet requirement for GST No.), Paragraph 10 (Terms and Conditions of Tender Notice)
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Juri iction Case No.3503 of 2023 ====================================================== Rajesh Sav Son of Lakhan Sav Resident of Rajendra Nagar, Police Station- Sadar Nawada, District- Nawada. ... ... Petitioner/s Versus
The State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna.
The Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Daroga Prasad Rai Path, R. Block, Road No. 2, Patna- 800001. 3. The General Manager (Public Distribution) Head Quarter, Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Daroga Prasad Rai Path, R. Block, Road No. 2, Patna- 800001. 4. The District Transport Committee, Bihar State Food and Civil Supply Corporation, Gaya, through its Chairman.
The District Magistrate-cum-Chairman, District Transport Committee, Bihar State Food and Civil Supply Corporation, Gaya.
The District Manager-cum-Coordinator, District Transport Committee, Bihar State Food and Civil Supply Corporation, Gaya. ... ... Respondent/s ====================================================== Appearance :
The judgment continues below.
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