IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8841 of 2009 ALOK KUMAR VATSYA Versus THE STATE OF BIHAR & ORS ----------- 2 3.8.2009 By letter no.91 dated 7.4.2009 of the Director, Mid-day Meal Scheme, Bihar, tender was invited from the eligible candidates in each block for the purpose of transportation of food materials from the F.C.I. godown to the concerned schools. Pursuant to the N.I.T. the petitioner and other submitted their tenders with all requisite papers and certificates. The tender was opened on 5.6.2009 in presence of the Sub-divisional Education Officer of Vibhutipur block. Most of the tenderers were found to be having equal qualification and as such it was deiced to select the tenderer on the basis of lottery. Though the petitioner stood first in the lottery, his name did not figure as successful candidate published on 29.6.2009. Learned counsel for the petitioner submits that on enquiry he came to learn that as he did not possess the ownership truck in question, he was denied selection. He further submits that ownership of transport vehicle was not sine qua non for selection. Further more the tender notice also did not say that the suppliers should be having his own vehicle. On the other hand, the petitioner had filed as many as 13 letters of agreement in respect of providing adequate number of vehicles for transportation. The petitioner has also filed a representation before the respondent no.3, the District Magistrate, Samastipur which is contained in Annexure-4. - 2 - KHAN Having heard counsel for the parties, this court is of the view that if the petitioner files a fresh representation before the District Magistrate, Samastipur, he will dispose of the same by speaking order within three weeks from the date of its filing. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)