Tender Can't Be Cancelled Citing Expiry Of Bid Validity After Invoking Extension Clause: Patna High Court

The Patna High Court has held that once a tendering authority invokes the contractual mechanism for extension of bid validity and obtains the bidders' consent, it cannot subsequently justify cancellation of the tender solely on the ground that the original bid validity period expired. The Court held that such a course is inconsistent with the scheme of the Standard Bidding Document...

Patna High Court Grants Bail To Accused In NEET Paper Leak Case

The Patna High Court has granted bail to an accused in the NEET paper leak case, whose name surfaced during investigation. The Court was hearing a bail plea in connection with a case alleging a conspiracy to procure and distribute question papers before the examination.A Single Judge Bench of Justice Ashok Kumar Pandey allowed the bail application in a case registered for offences under...

PDS Contractor Accused Of Diverting Foodgrains For Black Marketing Can Be Blacklisted Without Awaiting Trial: Patna High Court

The Patna High Court has held that a contractor engaged for transportation of foodgrains under the Public Distribution System (PDS) can be blacklisted and have the contract terminated without awaiting the outcome of criminal proceedings arising from allegations of diversion of foodgrains for black marketing. The Court observed that contractual action is distinct from criminal liability and may...

Rules Can't Be Changed After Recruitment Process Substantially Concludes: Patna High Court Quashes Cancellation Of Teachers' District Allotment

The Patna High Court has held that statutory amendments cannot be applied retrospectively to alter the substantive conditions of a recruitment process that had already substantially concluded under the unamended rules. The Court held that once local body teachers had qualified the competency test, secured district allotment based on merit and preferences, completed counselling and...

'Govt Housing Schemes Can't Meet A Dead-End': Patna High Court Pulls Up Officials Over 16-Year Delay In Settlement For Landless Families

The Patna High Court has observed that government welfare schemes meant to provide housing to landless and poor persons cannot be allowed to “meet a dead-end” because of the callous and indifferent approach of government officials. The Court directed the concerned authorities to decide the petitioners' long-pending claim for settlement of land and issuance of a No Objection Certificate...

AICTE's Annual Approval No Bar To Permanent University Affiliation; Registrar Can't Override Statutory Bodies' Decision: Patna High Court

The Patna High Court has held that the annual Extension of Approval (EoA) granted by the All India Council for Technical Education (AICTE) does not bar a university from granting permanent affiliation under the Bihar State Universities Act. It further held that a University Registrar cannot unilaterally alter a recommendation for permanent affiliation approved by the University's...

Phrase 'Take Action In Accordance With Law' Doesn't Permit Fresh Adjudication Of Concluded Issues: Patna High Court

The Patna High Court has held that a direction to an authority to “take action in accordance with law” cannot be construed as permitting it to reopen issues already concluded by a statutory appellate authority or undertake a fresh adjudication on the merits.A Single Judge Bench of Justice Alok Kumar Sinha held that the Bihar State Madarsa Education Board could not re-examine the...

Attempting To Remove Salwar, Pressing Chest Not Attempt To Rape; Amounts To Outraging Modesty : Patna High Court

The Patna High Court has held that allegations of attempting to remove a woman's salwar and physically molesting by pressing her chest, without evidence of penetration or any overt act unequivocally establishing an intention to commit rape, do not constitute the offence of attempt to rape.Observing that the allegations "at best" disclosed an offence of outraging the modesty of a woman...

Tender Cancellation Clause Can't Be Used To Record Findings Of Forgery Without Hearing Bidder: Patna High Court

The Patna High Court has held that while a tendering authority may reserve the contractual power to cancel a tender without assigning reasons, such a clause cannot be used to record findings that a bidder indulged in forgery, fraud or other misconduct without first affording the bidder an opportunity of hearing. The Court held that once findings carrying a stigma and adverse civil...

Show Cause Lost Its Validity After Authority Executed Agreement Six Days Later: Patna High Court Sets Aside Contractor's Blacklisting

The Patna High Court has held that a show cause notice could not form the basis of a subsequent debarment order where the authority itself chose to execute an agreement merely six days after issuing the notice. Holding that debarment entails serious civil consequences, the Court set aside the order debarring the contractor for violation of the principles of natural justice.A Division Bench...

Centre Notifies Appointment Of Justice Sudhir Singh As Acting Chief Justice Of Patna High Court

The Central Government on Friday (July 10) notified the appointment of Justice Sudhir Singh as the Acting Chief Justice of Patna High Court, consequent to the retirement of incumbent Chief Justice Meenakshi Madan Rai on Saturday. A notification issued by the Ministry of Law and Justice reads as follows:"In exercise of the power conferred by Article 223 of the Constitution of India, the...

Legitimate Expectation Can't Override Tender Terms Or Compel State To Proceed With Unsanctioned Project: Patna High Court

The Patna High Court has held that the doctrine of legitimate expectation cannot override the express terms of a tender or compel the State to proceed with a project that lacks the requisite administrative approval and financial sanction.A Division Bench of Justice Sudhir Singh and Justice Ranjan Kumar Jha was hearing a writ petition filed by M/s Energy United India Private Limited...