IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5078 of 2009 VINAY KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 5 24.7.2009 The petitioner is aggrieved by the order dated 6.4.2009 issued by the Head of Department-cum- Controlling Officer, Bihar College of Physiotherapy and Occupational Therapy, Handicap Hospital, Kankarbagh, Patna as contained in Annexure-11. The petitioner further seeks a direction to the respondent authorities to consider the tender filed by the petitioner in pursuance of the fresh advertisement published on 5.2.2009, as contained in Annexure-10. The petitioner submits that the tender notice mandated two conditions; firstly the tenderer should have been registered with the Commercial Taxes Department and the tenderer would possess No Objection Certificate. Further more the tender was to be submitted through registered /speed post with requisite Bank draft etc. As the petitioner fulfilled all the conditions, he was selected for supply of items, as contained in Annexure-5, having ISI specification. The petitioner in spite of his best effort could not get the items of ISI specification and as such he sought a direction from the authorities as to from where he would get those items. In the meantime, the petitioner learnt that respondent no.5 who happens to be the son of respondent no.3, who has also been made respondent by name as respondent no.4, surreptitiously got the order for supply of certain items pursuant to the aforesaid advertisement although he did not fulfill the aforesaid conditions as mentioned in Annexure-5. The petitioner has brought the aforesaid fact to the notice of respondent no.3 by his letter dated 2 25.2.2009 which irked him to pass the impugned order dated 6.4.2009 black listing the petitioner without giving any show cause notice to him. The petitioner submits that respondent no.3 indulged in nepotism and waived the rules for favouring the firm of his son. Learned counsel appearing appearing on behalf of respondent no.5 submits that a person cannot be disqualified for not being considered merely because he happens to be the son of respondent no.3 or the person competent to make the select. Learned State counsel submits that the second last paragraph of tender notice clearly specifies that in case if a person or a concern fails to supply the materials of ISI or ISO specification, he would be black listed. He, however, could not controvert the submission of learned counsel for the petitioner that he was black listed without issuing show cause notice. It is well settled by now that black listing in case of civil consequences it can prohibit a person or a concern from participating in future tender apart from carrying a lebel of stigma also. As such any order of black listing without complying with principle of natural justice would be in valid in law. In the instant case, no notice was given to the petitioner before black listing him and as such this court quashes the notice dated 6.4.2009, as contained in Annexure-11. It thus further follow that the application of the petitioner would also be considered along with other tenderers pursuant to the notice inviting tender dated 5.2.2009, as contained in Annexure-10. The other grievance of the petitioner is that the firms which has been selected to make certain supply by respondent no.3, is owned by his 3 KHAN son, respondent no.5. Further more selection has been made in violation of the conditions mentioned in Annexure-1. He submits that it was mandatory that a tenderer should have been registered with the Commercial Taxes Department and would possess No Objection Certificate. The contention of the petitioner is that though respondent no.5 did not fulfill the requisite condition, still he was selected in very surreptitiously manner by respondent no.3 in order to give undue favour to his son. In view of the aforesaid fact, this court is of the view that if the petitioner files a representation bringing all the material facts before the Collector, Patna, he would dispose of the same by speaking order preferably within three months from the date of receipt of the representation. It would be open to the Collector, Patna to give opportunity of hearing to the other sides also. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)