WP(C) 196/2011 BEFORE HON’BLE MR.JUSTICE B.D.AGARWA; Heard Mr.K P Sarma, learned senior counsel for the petitioner and Mr. R P Sarma, learned senior counsel for the respondent No.2 and 4 respectively. Als o heard Mr. S Munir, learned counsel appearing for respondents No.1 and 3. Sri K P Sarma, learned senior counsel has submitted that since the resp ondent No.2 has already filed their affidavit the entire writ petition may be c onsidered today. Shri R.P.Sharma and Shri S Munir, learned counsel for the respo ndents had no objection for taking up the writ petition for final hearing. Sri K P Sarma submitted that pursuant to tender notice dated 29.9.2010,floated by respondent No.2, for supply of various kinds of utensils in the Education D epartment, the writ petitioner had also submitted his tender. The learned counse l also submitted that as per the condition of the NIT the tenderers were requir ed to affix court fee of Rs.8.25 along with the Technical bid. However, inadv ertently, the petitioner has affixed the court fee in the commercial bid inste ad of technical bid and on this technical infirmity the tender of the petitioner is not being considered by the respondents. In the Notice dated 28.10.2010 the respondent No.2, who is a nodal agenc y for selecting tenders published the names of tenderers who have qualified in the technical bid and the list of firms whose tenders have been disqualified. A gainst the petitioner’s tender it has been recorded that he has not affixed the court fee with a rider that if the court fee is found in the commercial bid it m ay be accepted. Despite that remark the petitioner’s tender (commercial bid) h as not been opened and the respondent No.2 has also finalized the comparative st atements. Sri R P Sarma,learned senior counsel for the respondent No.2 submitted that the commercial bid of the petitioner was not opened in view of objection from the remaining qualified and dis-qualified bidders. Keeping in mind the minor deviation in affixing court fee, I am incli ned to pass the following order: The Respondent No.2 is directed to open the commercial bid of the writ p etitioner and if it is found that the said firm has affixed the court fee of Rs. 8.25, in the commercial bid his bid shall be taken into consideration for finali zation of the tender, along with other qualified bidders. With the aforesaid directions, this writ petition stands disposed of.