IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7614 of 2010 1. GOPAL KUMAR, S/O LATE DILKESHWAR SINGH, R/O VILLAGE- GAUHPUR, P.O.-NABDIHA,P.S.- KHIZARSARAI,DISTRICT-GAYA. Versus 1. THE STATE OF BIHAR. 2. THE VICE-CHANCELLOR,PATNA UNIVERSITY. 3. THE CHIEF CONSULTANT CUM UNIVERSITY ENGINEER WORKS DEPARTMENT PATNA UNIVERSITY,PATNA. ----------- 3 19/05/2010 By way of present writ application the petitioner is challenging cancellation of the earlier tender and the re- tendering which has been done on 15.04.2010. Contract relates to construction of PCC road at Patna University. It is not disputed that initially a tender was invited with regard to large number of work of various kinds. Petitioner was one of the tenderers who had applied for construction of PCC Road within the University. The basic rates were accepted by the tender committee but it was subject to approval by the Building Committee of the University. Building Committee went through the recommendation and came to a considered opinion that there has been substantial increase of rate of various building materials and the estimated costs worked out on the basis of Scheduled rates will not make the award of tender workable. - 2 - They advised and recommended for re-tendering on the basis of revised estimates as per current scheduled rates. Recommendation of the Building Committee is binding upon the University authorities and merely because the tender committee had earlier examined the quotation of the petitioner and made recommendation, no right accrues in his favour. He had a right for consideration alright which had been done. Looking at the reasons and explanations offered by the University, the Court is of the opinion that a prudent view of the matter has been taken by the Building Committee. It will only facilitate actual execution of the work. Any award of the tender in favour of the petitioner on old rate will allow scope for dispute on a litigation as to what will be the price or the cost since the earlier rates and estimates were old one. There is a rational basis for going for re-tendering and since no right had accrued to the petitioner, no direction can be issued for cancellation of the re-tender. This writ application is thus dismissed. AMIN (Ajay Kumar Tripathi, J.)