IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12434 of 2010 1. Youth Federation A Non Governmental Organization Through Its General Secretary Ashok Kumar, Office At Naya Tola, Technical Chowk, Muzaffarpur, P.S.- Kazi Mohammadpur, Distt.- Muzaffarpur 2. Ashok Kumar S/O Late Yadu Nandan Mishra R/O Mohalla- Technical Chowk, Muzaffarpur, P.S.- Kazi Mohammadpur, Distt.- Muzaffarpur Versus 1. The State Of Bihar through the Principal Secretary, Human Resources Development, Department, New Secretariat, Vikas Bhawan, Bailey Road, Patna 2. The State Project Director, Bihar Education Project Council, Beltron Bhawan, Shashtrinagar, Patna 3. The District Superintendent Of Education Cum District Programme Coordinator, Bihar Education Project, Darbhanga. ---------------------------------- 4. 08.9.2011. Heard Mr. Kishore Kumar Thakur, learned counsel appearing on behalf of the petitioner and Mr. Girijesh Kumar, learned counsel appearing on behalf of the respondent no.2. It is the contention of the learned counsel for the petitioner that despite absence of any condition in the advertisement requiring the petitioner to furnish collateral security against the fund released by the respondent no.2 for implementation of the scheme, the respondent no.2 has given direction as contained in the letter dated 30.12.2009 (Annexure-1) addressed to the District Superintendent of Education cum District 2 Programme Coordinator, Bihar Education Project Council, informing them about the decision of the State Government to reduce the collateral security from 70% to 30% payable by Non Governmental Organization at the time of acceptance of their proposals. A counter affidavit has been filed on behalf of the respondent no.2 mentioning therein that although initially a decision had been taken by the Central Government, requiring the Non-Governmental Organizations to furnish collateral security to the extent of 70% of the allotment but on consideration of the objections received in this regard, the said amount has been reduced from 70% to 30% as is manifest from the letter dated 30.12.2009. It is thus contended by the learned counsel for the respondent no.2 that taking a lenient view of the matter, the requirement of furnishing security was subsequently reduced. It is further stated that since Mahila Samakhya and Vidyalaya, Shiksha Samiti, are statutory authorities functioning under the regulation and control of the State Government, the said requirement has been waived in so far as these Organizations are concerned but have been restricted to Non- Governmental Organizations. 3 Learned counsel for the petitioner, during the course of the proceedings, has been fair to produce an Office Order issued by the District Magistrate-Cum-Chairman, Bihar Education Project Council, Madhubani requiring the Non Governmental Organization applying for allotment of work under the scheme to be present together with relevant documents which, inter alia, also requires furnishing of the collateral security of 3 lacs in so far as the said scheme is concerned. Thus the requirement has been inscribed in the offer itself. That being the position, where the stipulation of furnishing collateral security by a Non Governmental Organisation is a condition precedent for consideration and approval of their applications under the scheme, no indulgence can be granted to the grievance raised in the writ petition and the prayer made therein. Accordingly, the writ petition is disposed of. ahk (Jyoti Saran, J.)