BIHAR OFFSET PRINTERS ASSOCIATION Vs. UNION OF INDIA
LAWS(PAT)-2022-3-4
HIGH COURT OF PATNA
Decided on
March 25,2022
Bihar Offset Printers Association
Appellant
VERSUS
UNION OF INDIA
Respondents
Referred Judgements :-
ASSOCIATED PROVINCIAL PICTURE HOUSES LTD. V. WEDNESBURYCORPN [REFERRED TO]HEALEY V. MINISTER OF HEALTH [REFERRED TO]
PUNTON V. MINISTRY OF PENSIONS AND NATIONAL INSURANCE [REFERRED TO]
TRILOCHAN MISHRA VS. STATE OF ORISSA [REFERRED TO]
STATE OF ORISSA VS. HARINARAYAN JAISWAL [REFERRED TO]
HAR SHANKAR VS. DEPUTY EXCISE AND TAXATION COMMR [REFERRED TO]
BISHNU RAM BORAH VS. PARAG SAIKIA [REFERRED TO]
RAM AND SHYAM COMPANY VS. STATE OF HARYANA [REFERRED TO]
STATE OF MADHYA PRADESH VS. NANDLAL JAISWAL [REFERRED TO]
SACHIDANAND PANDEY VS. STATE OF WEST BENGAL [REFERRED TO]
HAJI T M HASSAN RAWTHER VS. KERALA FINANCIAL CORPORATION [REFERRED TO]
PREMIUM GRANITES VS. STATE OF TAMIL NADU [REFERRED TO]
TATA CELLULAR VS. UNION OF INDIA [REFERRED TO]
STATE OF PUNJAB VS. YOGINDER SHARMA ONKAR RAI AND CO [REFERRED TO]
M P OIL EXTRACTION K N OIL INDUSTRIES VS. STATE OF MADHYA PRADESH [REFERRED TO]
RAUNAQ INTERNATIONAL LIMITED VS. I V R CONSTRUCTION LIMITED [REFERRED TO]
AIR INDIA LIMITED VS. COCHIN INT AIRPORT LIMITED [REFERRED TO]
VTH M AND T CONSULTANTS SECUNDERABAD VS. S Y NAWAB [REFERRED TO]
DIRECTORATE OF EDUCATION VS. EDUCOMP DATAMATICS LTD [REFERRED TO]
ASSOCIATION OF REGISTRATION PLATES VS. UNION OF INDIA [REFERRED TO]
MASTER MARINE SERVICES PVT LTD VS. MALFE and HODGKINSON PVT LTD [REFERRED TO]
UNION OF INDIA VS. ASHOK KUMAR [REFERRED TO]
KULDEEP SINGH VS. GOVT OF NCT OF DELHI [REFERRED TO]
RAMCHANDRA MURARILAL BHATTAD VS. STATE OF MAHARASHTRA [REFERRED TO]
NAGAR NIGAM MEERUT VS. AL FAHEEM MEAT EXPORTS PVT LTD [REFERRED TO]
JAGDISH MANDAL VS. STATE OF ORISSA [REFERRED TO]
MEERUT DEVELOPMENT AUTHORITY VS. ASSOCIATION OF MANAGEMENT STUDIES [REFERRED TO]
VILLIANUR IYARKKAI PADUKAPPU MAIYAM VS. UNION OF INDIA [REFERRED TO]
RAKESH KUMAR GOEL VS. UP STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD [REFERRED TO]
MICHIGAN RUBBER INDIA LTD VS. STATE OF KARNATAKA [REFERRED TO]
U.P. AVAS EVAM VS. OM PRAKASH SHARMA [REFERRED TO]
RISHI KIRAN LOGISTICS PVT. LTD. VS. BOARD OF TRUSTEES OF KANDLA PORT TRUST [REFERRED TO]
MANOHAR LAL SHARMA VS. PRINCIPAL SECRETARY [REFERRED TO]
STATE OF JHARKHAND & ORS. VS. M/S CWE-SOMA CONSORTIUM [REFERRED TO]
BAKSHI SECURITY AND PERSONNEL SERVICES PVT. LTD. VS. DEVKISHAN COMPUTED PVT. LTD. AND ORS. [REFERRED TO]
AFCONS INFRASTRUCTURE LTD. VS. NAGPUR METRO RAIL CORPORATION LTD. & ANR. [REFERRED TO]
MONTECARLO LTD. VS. NTPC LTD. [REFERRED TO]
NABHA POWER LIMITED VS. PUNJAB STATE POWER CORPORATION LIMITED [REFERRED TO]
MANOHAR LAL SHARMA VS. NARENDRA DAMODARDAS MODI & ORS [REFERRED TO]
CARETEL INFOTECH LTD VS. HINDUSTAN PETROLEUM CORPORATION LIMITED AND OTHERS [REFERRED TO]
SILPPI CONSTRUCTIONS CONTRACTORS VS. UNION OF INDIA [REFERRED TO]
BIHAR STATE HOUSING BOARD VS. RADHA VALLABH HEALTH CARE AND RESEARCH INSTITUTE [REFERRED TO]
UNION OF INDIA VS. ASSOCIATION OF UNIFIED TELECOM SERVICE PROVIDERS OF INDIA [REFERRED TO]
UFLEX LTD VS. GOVERNMENT OF TAMIL NADU [REFERRED TO]
JUDGEMENT
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(1.) Following issues arise for consideration before this Court in this lis:
(i) Whether the process adopted or decision made of procuring educational material through a centralized process and short-listing the lowest tenderer is so arbitrary and irrational that the Court can say: the decision is such that no responsible authority acting reasonably and following relevant law could have reached?
(ii) Whether by undertaking such a process public interest is affected?
(iii) Whether the acts of Additional Chief Secretary, Department of Education, Govt. of Bihar, as also the Director, Primary Education, Govt. of Bihar-cum- Nodal Officer, FLN, in finalizing the policy for implementing the Foundational Literacy and Numeracy (FL&N) scheme by calling a tender can be said to be illegal?
(iv) Are the conditions laid down in the Request for Proposal (RFP) tailor-made to either oust the petitioners or favour others? If so, can such an action be said to be mala fide?
(v) Can the terms and conditions mentioned in the tender be deemed manifestly unreasonable and arbitrary?
(vi) Whether procurement of educational materials, such as textbooks etc., to be developed and published is the procurement of goods or services under the Bihar Finance (Amendment) Rules, 2005?
(vii) Whether successful bidders failed to fulfill the essential terms and conditions of the tender?
(viii) Whether Respondent's actions of short-listing the tenderer can be said to be an act of malice and favouritism, thereby vitiating such process in the direction of award of the tender?
(ix) Whether the act of Respondent No.11, namely Telecommunications Consultants India Ltd. (TCIL) in simultaneously issuing a tender for procuring components of the tender in question can be termed a consortium/joint venture in the commercial parlance?
National Perspective; Need For Imparting Education To The Children At The Basic Level
(2.) Highlighting the need for providing nutritious food and digitizing the process of education, vis-a-vis the children in Bihar, during the time of current Pandemic Covid-19, this Court vide judgment dtd. 18/9/2020 in CWJC No.7124 of 2020, titled as Court on its own motion on the basis of news item titled "School Shut, No Mid-Day Meal, Children In Bihar Village Back To Work Selling Scrap" versus The State of Bihar and Ors. had, inter alia, issued the following directions:-"42. In light of the above, we direct for the State to consider, enforcing, to the extent possible:
a. Continue schemes like the Mid Day Meal Scheme and the Sarwa Shiksha Scheme to provide meals or ration as feasible along with textbooks and notebooks to government school students.
b. Ensure that statutory benefits under the Food Security Act are disbursed in a timely manner, and updated records are maintained for the same.
c. Monitor the nutritional health of children by leveraging the reach of Anganwadi workers, who can keep track of children's growth by recording the weight and height of children at regular intervals.
d. Work with the experts to procure and prepare digital lectures for students of all classes and age-groups.
e. Enhance the role of Anganwadi and NGO workers in every district, to help spread the message of the importance of continuing education via remote learning platforms. Parents to be educated, for ensuring the child's continuous engagement in education during the pandemic.
f. Install community-level television sets and distribution of radio sets, ensuring the increase of reach of remote learning platforms. Perhaps, at the community level, small batches of children can be shown lectures on televisions, while maintaining social distancing norms.
g. With mobile handset penetration and telephone penetration in the State of Bihar being greater than Television and radio set penetration, the concerned authorities to consider, devising and implementing an action plan to utilize these mediums. To ensure engagement, consider expanding the possibility of waiver of telecom charges on the mobile handset or telephone being used for accessing educational programmes.
h. Use Telecom/digital infrastructure to mark the daily attendance of students. A call placed on the designated toll-free number may be programmed to record the daily attendance of the concerned student.
i. Organize a robust "Back to School" campaign in the wake of this pandemic, to ensure that a minimal dropout rate is achieved.
j. Further, workshops and training for teachers ought to be provided to ensure that they are well equipped in dealing with post-pandemic psychosocial needs of children.
43. The above directions, if implemented well, have the potential to provide immediate relief to more than 1 crore 19 Lakh school going children across the State, also tuned to establish long term machinery which shall support their development and care. We have no doubt that any elementary issues of data protection owing to the monitoring that may arise, would be dealt with adequately by the authorities."
(Emphasis supplied)
(3.) The Ministry of Education (Department of School Education and Literacy) Government of India launched the Integrated Scheme for School Education- Samagra Shiksha in 2018 by subsuming the erstwhile Centrally Sponsored Schemes of Sarva Shiksha Abhiyan (SSA); Rashtriya Madhyamik Shiksha Abhiyan (RMSA); and Teacher Education (TE). The Scheme treats school education as a continuum with the Sustainable Development Goal for Education (SDG-4). The Scheme provides support for the implementation of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as RTE Act) and is also aligned with the recommendations of National Education Policy, 2020 (hereinafter referred to NEP). The object is to ensure that all children have access to quality education with an equitable and inclusive classroom environment, taking care of their diverse background, multilingual needs, different academic abilities and making them active participants in the learning process.;
(2.) Highlighting the need for providing nutritious food and digitizing the process of education, vis-a-vis the children in Bihar, during the time of current Pandemic Covid-19, this Court vide judgment dtd. 18/9/2020 in CWJC No.7124 of 2020, titled as Court on its own motion on the basis of news item titled "School Shut, No Mid-Day Meal, Children In Bihar Village Back To Work Selling Scrap" versus The State of Bihar and Ors. had, inter alia, issued the following directions:-
(3.) The Ministry of Education (Department of School Education and Literacy) Government of India launched the Integrated Scheme for School Education- Samagra Shiksha in 2018 by subsuming the erstwhile Centrally Sponsored Schemes of Sarva Shiksha Abhiyan (SSA); Rashtriya Madhyamik Shiksha Abhiyan (RMSA); and Teacher Education (TE). The Scheme treats school education as a continuum with the Sustainable Development Goal for Education (SDG-4). The Scheme provides support for the implementation of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as RTE Act) and is also aligned with the recommendations of National Education Policy, 2020 (hereinafter referred to NEP). The object is to ensure that all children have access to quality education with an equitable and inclusive classroom environment, taking care of their diverse background, multilingual needs, different academic abilities and making them active participants in the learning process.;
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