BALVIKASH SEWA SANSTHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In all group of cases, common issue has been raised by the parties and as such, all are clubbed together and are being disposed of by this common judgment.

(2.) For convenience, the facts of C.W.J.C. No.3418 of 2017 are being taken into consideration for disposal of batch cases.

(3.) In the present case, the petitioners have sought a relief of giving direction to the respondent authorities to issue work order and enter into an agreement with the petitioners, who have been duly selected in terms of invitation for proposals and expression of interest dated 06.11.2014 through N.I.T. No.01/1588/14-15 in relation to supply of hot cooked Mid-Day Meal in primary and upper primary schools of urban areas of 26 district of Bihar. Further prayer has been made to hold and declare that once the petitioners have been duly selected pursuant to selection process in terms of N.I.T. dated 06.11.2014 and allotted the districts in which they have also prepared centralized kitchen within the specified period of three months of the issue of letter of intent, the respondents are duty bound to enter into an agreement and issue work order in favour of the petitioners in terms of the N.I.T. itself. Further prayer has been made to declare that the letter no.672 dated 104.2016 (Annexure-4) issued under the signature of the Director, MidDay Meal Scheme, Bihar, Patna, by which the certificate of work capacity is required from the Committee headed by the District Magistrate before the initiation of construction of the centralized kitchen, is contrary to the terms and conditions of the N.I.T., hence, amounting to rewriting and altering the condition of the N.I.T., which is illegal and not permissible in law, liable to be quashed. Further prayer has been made to quash the letter no.1362 dated 12.08.2016 (Annexure-6) , issued under the signature of Director, Mid-Day Meal Scheme, Bihar, Patna, under which it has been recorded that in terms of the direction issued by letter 672 dated 104.2016 (Annexure-4) the compliance report has not been submitted till date and thus the time limit of 17.06.2017 have already expired, is wholly arbitrary, contrary to the terms and conditions of the N.I.T.