S K TRADERS Vs. BIHAR SCHOOL EXAMINATION BORAD

JUDGEMENT

(1.) This writ application has been preferred for the following reliefs:-

(2.) It is the grievance of the petitioner in the present writ application that the Bihar School Examination Board (hereinafter referred to as the 'Board') while publishing notice for Tender/Auction vide PR-198/18 for seeking bids for recycling and destroying the used answer books of compartmental Intermediate Examination, 2017 used practical answer books of Annual Intermediate Examination, 2018 and other scrap papers (flying slip, award sheet, marks file, attendance sheet and other utilityless papers), other paper and documents relating to Intermediate and matriculation compartmental examination 2018 is not following its own tender conditions as contained in Annexure-1 to the writ application. It is submitted that with an intention to stop any misuse of the answer books/answer sheets and then to ensure that those are recycled properly which has a number of benefits besides saving trees from being cut down, clause 14, 15 and 16 of the tender conditions have been introduced so that auctioned scrap/rough papers including the answer sheets could be recycled and converted into fresh papers and the misuse thereof unauthorizedly or unlawfully as also threat to environment must be avoided.

(3.) It is submitted that pursuant to the Notice Inviting Tender ('NIT') the petitioner as well as the private respondent nos.5 and 6 had participated. The petitioner claims that he had enclosed a copy of the agreement dated 24.09.2018 in terms of requirement of clause '15' of the NIT showing that he had an agreement with one M/s Multiwal Pulp & Board Mills Pvt. Ltd. regarding the supply of the answer sheets and old records received from the respondent Board. A copy of the agreement dated 24.09.2018 has been brought on record as Annexure-P/2. It is stated that so far as respondent nos.5 and 6 are concerned, they had not enclosed any such agreement showing that they had an agreement with any paper mill for recycling of the answer sheets and old records received from the respondent Board, thus, the respondent nos.5 and 6 were not complying with the conditions particularly clause '15' of the NIT. Regarding respondent no.6 it is stated that he had given an information/declaration to the effect that he would be supplying paper for recycling to one VSM Paper Pvt. Ltd. which as per the reply received to his application under Right to Information Act, is not a functional unit till date. A copy of the RTI reply dated 01.02.2019 has been brought on record as Annexure-P/3 to the writ application.