BIHAR OFFSET PRINTERS ASSOCIATION Vs. STATE OF BIHAR

JUDGEMENT

(1.) On account of the resurgence of COVID - 19 Pandemic, matter is again being considered through Video Conferencing. Parties have made submissions at length yesterday as well as today from their residence. The Court Master and Secretary are also part of the Virtual Court Proceedings with the aid of Audio-Visual Technology.

(2.) The writ petition has been filed with a prayer seeking quashing of E-Tender (Notice Inviting Tender) (for brevity, NIT) Reference No 05/State Health Society, Bihar (for brevity SHSB)/IEC (printing and supply)/2020 - 2021 inviting bids from Agencies desirous of entering into rate contract for printing and supplying of various modules, registers, cards etc for the SHSB. The NIT has been assailed on the ground that the same does not provide the benefits of exemption from Earnest Money Deposit (EMD for brevity), and purchase preference to Small Scale Industrial Units (SSIU for brevity) as contemplated under the Bihar Finance (Amendment) Rules, 2005 (for brevity, BFR 2005) and the Stores Purchase Preference Policy, 2002 (for brevity, SPPP, 2002). The NIT is therefore legally unsustainable. Petitioners seek a direction to the State Health Society Bihar to follow the procedure of procurement by giving exemptions as per the said Act and Policy.

(3.) At the very outset, Mr. Y V Giri, learned senior counsel who has appeared on behalf of intervener-respondent No. 19, raises a preliminary objection that the petitioners cannot maintain the instant writ petition for the following reasons: