IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5073 of 2009 BIRENDRA KUMAR, son of Sri Ganga Prasad Yadav, resident of village – Mahua Singh Rai, P.O. & P.S. Mahua, Distt. Vaishali, Proprietor of M/S. Anjali Traders Office situated at Mohalla – Gola Road, Mahua, Vaisahli. Versus 1. THE UNION OF INDIA through its Secretary, Ministry of Human Resource Development Department, School and Deptt. of Literacy, New Delhi. 2. Deputy Commissioner, Regional Office, Navodaya Vidyalaya Samittee, Ministry of Human Resource Development Department, School and Deptt. of Literacy, New Delhi. 3. District Magistrate cum Chairman, Jawahar Navodaya Vidyalaya Purchase Committee, Dist. Vaishali, Bihar. 4. Md. Amanullah, Principal, Jawahar Navodaya Vidyalaya, Wafapur Sharma Vaishali, P O – Sirsha Biran, P S – Lalganj, Distt. Vaishali. 5. Sri Bijendra Kumar, Vice Principal, Jawahar Navodaya Vidyalaya, Wafapur Sharma Vaishali, P S - Sishra Biran, P S – Lalaganj, Distt – Vaishali. ----------- For the petitioner : Mr. Sanajay K. Griyaghey. For Union of India : Mr. Sahvind Kumar Sharma. For respondent no.2: Mr. J P Karn. ------- 04. 11.1.2010 The notice inviting tenders was issued by Navodaya Vidyalaya Samiti for supply of various items to be used by the schools run by the organization. The notice inviting tenders is dated 27.2.2009 contained in Annexure-1 to the writ application. The contract to be awarded is to subsist till April, 2010. Petitioner approached this High Court in the present writ application making various allegations against the respondents in regard to the process of tenders and the notice inviting tenders. He has alleged that he has intentionally been denied opportunity to participate in the tenders. There are other averments as well based on which this Court vide order dated 21.4.2009 directed to the - 2 - respondents to file counter affidavit and also gave a direction to the respondents that in case tenders have not already been opened/processed, petitioner’s tender would also be accepted subject to further orders by this Court. This direction of the Court, I am told, has come in the way of final decision on the tenders in question. There is a categorical statement that the tenders have not been finalized till date. Since the filing of the writ application we are already into the month of January, 2010. Even if the contract is awarded it will only subsist till April, 2010. No decision having been taken by respondents pursuant to February, 2009 advertisement, the Court is of the opinion that no purpose will be served by wasting public time and money for deciding the contract for a couple of months. Respondents will be well advised if they are still interested to go for a fresh notice inviting tenders in which petitioner may have liberty to participate, if he is so advised or is interested in doing business with the respondents. The earlier tenders and response may not be acted upon now in view of the above. The writ application stands disposed of with the above observation. rkp (Ajay Kumar Tripathi, J)