Through Its Authorized Representative Mr. Vivek Srivastava v. State Of Rajasthan, Through Its Secretary, School

Judgment

1. State Of Rajasthan, Through Its Secretary, School Education Department And Language And Library Department And Panchayati Raj (Elementary Education) Department, Rajasthan Council Of School Education, Dr. S Radhakrishnan Shiksha Sankul, Vth Block, 2Nd And 3Rd Floor, Jln Marg, Jaipur, Rajasthan, Pin - 302017.

2. The State Project Director C/o Samagra Shiksha (Smsa) And Commissioner, Rajasthan Council Of School Education And Commissioner (School Education Jaipur), Department And Panchayati Raj (Elementary Education) Department, Rajasthan Council Of School Education, Dr. S Radhakrishnan Shiksha Sankul, Vth Block, 2Nd And 3Rd Floor, Jln Marg, Jaipur, Rajasthan, Pin - 302017.

3. Deputy Commissioner (Vocational), Project Officer In- Charge (Poic) Rajasthan Council Of School Education, Dr. S Radhakrishnan Shiksha Sankul, Vth Block, 2Nd And 3Rd Floor, Jln Marg, Jaipur, Rajasthan, Pin - 302017.

Science And Surgical House, A Proprietorship Firm Having Its Office At 4351 Science Market, Ambala Cantt, Haryana, Pin - 133001 Through Its Proprietor.

5. Shakti Model Works, A Proprietorship Firm Having Its Office At 515-16, Rambagh Road, Ambala Cantt., Haryana, Pin - 133001 Through Its Proprietor. ----Respondents For Petitioner(s) : Mr. Anil Mehta-Sr. Advocate Mr. Palash Srivastav For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order (2 of 5) [CW-14324/2025] 19/09/2025

1. The instant writ petition has been filed by the petitioner with the following prayer:- “It is, therefore, respectfully prayed that your Lordships may be pleased to accept and allow the Writ Petition and by an appropriate writ, order or direction: i) Quash the decision of the Respondent Nos. 1-3 to disqualify the petitioner at the Technical Evaluation Stage in respect of Notice Inviting Bids (NIB) dated 14.02.2025 bearing NIB No. 25/2024-25 issued by the Rajasthan Council of School Education for "Supply of Tools & Equipment for vocational labs in Government Senior Secondary Schools (with vocational education) across all districts of Rajasthan, covering 10 Vocations education sectors"; and evaluation consequently declare the Petitioner as a technically qualified bidder and direct the conduct of fresh bids; financial ii) Restrain the Respondent Nos. 1-5 from taking any further actions pursuant to the Notice Inviting Bids (NIB) dated 14.02.2025 bearing NIB No. 25/2024-25, issued by the Rajasthan Council of School Education for "Supply of Tools & Equipment for vocational labs in Government Senior Secondary Schools (with vocational education) across all districts of Rajasthan, covering 10 Vocations education sectors", including but not limited to issuance of Letter of Award and/or Execution of Contract and/or issuance of Work Order; iii) Quash any consequent actions taken by the Respondent Nos. 1-3 in favour of Respondent No. 4 and Respondent No. 5 pursuant to the tender process emanating from Notice Inviting Bids (NIB) dated 14.02.2025 bearing NIB No. 25/2024-25, issued by the Rajasthan Council of School Education for "Supply of Tools & Equipment for vocational labs in Government Senior Secondary Schools (with vocational education) across all districts of Rajasthan, covering 10 Vocations education sectors", including but not limited to the issuance of Letter of Award and/or Execution of Contract and/or issuance of Work Order, quo ante; iv) In the alternative to prayer (i), (ii) and (iii) above, quash the entire tender process, including any consequential actions taken, in respect of Notice Inviting Bids (NIB) dated 14.02.2025 bearing NIB No. 25/2024-25, issued by the Rajasthan Council of School Education for "Supply of Tools & Equipment for vocational labs in Government Senior Secondary and direct status (3 of 5) [CW-14324/2025] Schools (with vocational education) across all districts of Rajasthan, covering 10 Vocations education sectors", and direct the Respondent Nos. 1-3 to conduct a fresh tendering process; v) Order a court-monitored independent investigation into the tendering process emanating from Notice Inviting Bids (NIB) dated 14.02.2025 bearing NIB No. 25/2024-25, carried out inter alia by the Respondent Nos. 1-3; vi) Lay down appropriate guidelines for inter alia the Respondent Nos. 1-3 to provide safeguards preventing collusion/cartelization and ensuring transparency and equal opportunity for all prospective bidder(s); vii) Direct the Respondent Nos. 1-3 to comply with the extant rules and regulations for all future bids / tenders issued by them; viii) Any other order or direction which this Hon'ble Court deems just and proper may also be passed in the facts and circumstances of the case in favour of the Petitioner; ix) Award costs of this Writ Petition in favour of the Petitioner.

2. By way of filing this writ petition, a challenge has been led to the impugned order dated 01.05.2025 passed by the respondents by which the bid offered by the petitioner was rejected on a technical count of being “Non-Responsive”.

3. Counsel for the petitioner submits that aggrieved by the aforesaid order, the petitioner preferred an appeal under Section 38 of the Rajasthan Transparency in Public Procurement Act, 2012 (for short, ‘the Act of 2012’) before the First Appellate Authority. Counsel submits that as per the mandate contained under Section 38(6) of the Act of 2012, it was expected from the First Appellate Authority to decide the appeal within a period of thirty days from the date of filing of the appeal but the appeal was not decided by the First Appellate Authority, hence under these circumstances, the petitioner submitted a second appeal under Section 38 of the Act of 2012 before the Second Appellate Authority on 28.07.2025. (4 of 5) [CW-14324/2025] Counsel submits that inspite of passing a considerable time, till date, the second appeal has also not been decided and now the respondent Nos. 4 and 5 are taking the benefit of the aforesaid situation and are matching their prices with each other to get the work order. Counsel submits that under these circumstances, interference of this Court is warranted.

4. Heard and considered the submissions made at bar and perused the material available on record.

5. Perusal of the record indicates that aggrieved by the impugned order, a statutory first appeal under Section 38 of the Act of 2012 was submitted by the petitioner before the First Appellate Authority. As per the mandate contained under Section 38(6) of the Act of 2012, it is expected from the Appellate Authority to make all possible endeavours to decide the same within a period of thirty days from the date of filing the appeal. It is utterly surprising that the appeal was not decided, hence the petitioner approached the Second Appellate Authority by way of filing the second appeal on 28.07.2025.

6. It is quite shocking rather surprising that even second appeal has not been decided by the Second Appellate Authority inspite of passing a considerable time and the same time-line has been prescribed under Section 38(6) is also applicable on the Second Appellate Authority. The Appellate Authorities are in violation of the mandate contained under Section 38(6) of the Act of 2012, which states the statutory prescribed time line to decide the appeal. It is expected from the appellate authority to make all possible endeavours to speed up the hearing of the appeal and decide the same within a period of thirty days. (5 of 5) [CW-14324/2025]

7. It has been apprised at bar during the course of hearing that now the first appeal of the petitioner has been rejected by the First Appellate Authority on a technical count pointing certain defect(s).

8. Looking to the fact that the second appeal has already already filed by the petitioner, and the same is sub judice before the Second Appellate Authority, this Court deems it just and proper to dispose of the present writ petition with a clear and specific direction to the Second Appellate Authority to decide the pending appeal expeditiously, as early as possible, preferably within a period of fifteen days from the date of receipt of the certified copy of this order, after affording due opportunity of hearing to the respective parties.

9. Accordingly, the present writ petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of.

10. In case, any stay application is submitted by the petitioner, it is expected from the Second Appellate Authority to decide the same expeditiously. Ashu/22 (ANOOP KUMAR DHAND),J