IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.8872 OF 2009 M/S NARSINGH CONSTRUCTION THROUGH BISHWANATH SINGH BINAY, PROPRIETOR S/O LATE KP SINGH, GANGJALA, SAHARSA. VERSUS (1) THE STATE OF BIHAR (2) THE PRINCIPAL SECY, RURAL WORKS DEPARTMENT, BIHAR (3) THE CHIEF ENGINEER, BHAGALPUR (4) THE SUPERINTENDING ENGINEER, RURAL WORKS DIEPARTMENT, (5) RURAL WORKS DIVISION, SAHARSA (6) THE EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, (7) RURAL WORKS DIVISION, SAHARSA AND (8) SANJAY KUMAR KHAN, BANGAON, SAHARSA. ----------- 3 11.08.2009. Heard learned counsel for the parties. Petitioner is aggrieved by order dated 10.6.2009, issued by respondent no. 3 by which his tender application was rejected on the ground that character certificate of one of his partners’ company was not available with the tender documents. Learned counsel for the petitioner states that pursuant to advertisement contained in annexure 1, having been fulfilled all the 13 requisites mentioned in tender notice, he applied for the work in question but surprised to receive the communication that he has not been selected for technical bid as the character certificate of second partner was not attached with the tender documents. It appears condition of tender requires submission of attested photo stat copy of up to date character certificate of tenderers. Petitioner’s firm, namely, M/S Narsingh Construction, consisted of two partners. The character - 2 - certificate of only main partner, namely, Bishwanath Singh Binay (petitioner no. 1) was filed however so far as second partner is concerned, supervision note of Deputy Superintendent of Police recommending for issuance of character certificate was attached with the tender documents. Learned counsel submits that as issuance of the character certificate was in process which is also evident from supervision note of Dy.S.P., respondents ought to have accepted the tender documents of petitioner in stead of rejecting the same merely on mere technicality. It is further contended that respondent no.6 who has been awarded tender in question was registered as a contractor in the Rural Works Department only in the year, 2008 and thus does not fulfill clause 10 of the tender notice which makes it mandatory for the bidder to supply papers of last three years turnover in past five years. Having heard learned counsel for the parties, the writ petition is disposed of with observation that the petitioner should file a representation before respondent no. 2, which would be disposed of by him within two months from the date of representation. Shashi. (Samarendra Pratap Singh,J).