IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12230 of 2009 SULABH INTERNATIONAL SOCIAL SERVICES ORGANIZATION SITUATED AT SULABH BHAWAN, NEW PATLIPUTRA COLONY, PATNA-800013 THROUGH ITS GENERAL SECRETARY, AKHOURI PRAM PRAKASH, S/O LATE A.S.P. SINHA, RESIDENT OF ROAD NO.11, HOUSE NO.1, RAJIV NAGAR, P.S. DIGHA, DISTRICT PATNA----PETITIONER. Versus 1. UNION OF INDIA THROUGH THE FINANCIAL COMMISSIONER, RAILWAY BOARD, MINISTRY OF RAILWAYS, NEW DELHI. 2. THE DIVISIONAL RAILWAY MANAGER(COMMERCIAL), EAST CENTRAL RAILWAY, SONEPUR. 3. SHRI MANOJ KUMAR MISHRA, VILLAGE-SHOKHARA-2, POST BARAUNI, DISTRICT BEGUSARAI---RESPONDENTS. For the Petitioner : Mr. Alamdar Hussain, Advocate. For the Railways : Mr. Sunil Kumar Ravi, Advocate. ----------- 02. 05.10.2009 Heard learned counsel for the petitioner, Union as also counsel for the Railways. 2. Petitioner is an organization involved in raising and cleaning public toilets. Earlier the organization was entrusted with the contract to clean delux toilets at railway station, Muzaffarpur. Under public notice dated 8.7.2009, Annexure-4 notice for fresh settlement of the deluxe toilet at Muzaffarpur railway station was issued. In terms of such notice petitioner applied but without considering the application of the petitioner as also of the other applicants, the contract for cleaning the delux toilets at Muzaffarpur railway station was entrusted to Shri Manoj Kumar Mishra, resident of Village Shokhara-2, P.O. Barauni in the district of Begusarai under instruction dated 29.8.2009, Annexure-7 for a period between 31.8.2009 till 30.11.2009 i.e. for three months in response to his application dated 29.8.2009 which is wholly contrary to the terms of the tender notice dated 8.7.2009, Annexure-4 and is violative of Article-14 of the Constitution of India. - 2 - 3. It is submitted on behalf of the petitioner that grant of cleaning contract to Shri Manoj Kumar Mishra under allotment order dated 29.8.2009, Annexure-7 is wholly contrary to the contents of the tender notice dated 8.7.2009, Annexure-4. To consider the submission made in this writ application it was necessary to issue notice to the Railways as also to Shri Manoj Kumar Mishra but by the time the return shall be filed by the railways and Shri Manoj Kumar Mishra, the cleaning contract granted under letter dated 29.8.2009, Annexure- 7 shall itself come to an end. 4. In appreciation of such factual allegation petitioner is directed to represent before the Chairman of the Railway Board that cleaning contract granted under order dated 29.8.2009, Annexure-7 has been allotted to Shri Manoj Kumar Mishra de hors the contents of the tender notice dated 8.7.2009, Annexure-4 and the representation be considered by the Chairman of the Railway Board or person authorized by him as early as possible, in any case before 30.11.2009 the date on which the contract granted to Shri Manoj Kumar Mishra is coming to end. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)