WP(C) 4401/2010 BEFORE THE HON’BLE MR JUSTICE T VAIPHEI Heard Mrs B Choudhury, the learned counsel for the petitioner and Mr B Gogoi, th e learned standing counsel for the Health Department. Also heard Mr BD Goswami, the learned counsel for the private respondents. The grievance of the petitioner in this writ petition is that his tender for supply of dietary articles to Kanaklata Civil Hospital (KCH ) at Tezpur in terms of the Notice Inviting Tender dated 02.02.2009 was rejected on the ground that he did not deposit the earnest money of Rs.4100/- by overloo king the fact that he belongs to a Scheduled Caste which entitled him to deposit only half of the earnest money. This Court by the order dated 16.11.2010 had di rected the learned standing counsel for the Health Department to produce the rel evant record to verify the genuineness of the claim made by the petitioner that as a Scheduled Caste candidate, he was entitled to deposit half of the amount of the earnest money stipulated in the Notice Inviting Tender. The learned standin g counsel for the Health Department has now made available to me the relevant re cord which was also shown to the learned counsel for the petitioner. It is also stated at the same time by the learned standing counsel for the Health Departmen t that the petitioner in his tender documents did not make any statement to the effect that he belongs to a Scheduled Caste nor did he file any supporting docum ents to show that he belongs to a Scheduled Caste candidate. On perusing the tender file produced by the learned standing cou nsel for the Health Department, it becomes clear that the petitioner did not eve n mention that he belongs to a Scheduled Caste candidate, not to speak of, submi tting a certificate of Scheduled Caste issued by the competent authority. Under the aforesaid circumstances, the tender authority did not commit any illegality in rejecting the tender of the petitioner. This writ petit ion, which is devoid of merit is accordingly dismissed, but by directing the par ties to bear their respective costs.