M/s Om Steel Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.564 of 2026

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M/s Om Steel, a manufacturing and supply concern engaged in the business of brass and stainless-steel utensils, having its place of business at Court Road, Behind Gowshala, Jagadhri- 135003, Haryana, through its Proprietor/Authorized Signatory Gautam Jain, Male, aged about 51 years, Son of Narender Kumar Jain, Resident of 1516, 2, Adar Estate Behind Gowshala, Near S.D. Public School, Chotti Line, Jagdhri, Yamunanagar, Police StationYamunanagar, District- Haryana, PIN Code- 135001.

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... ... Petitioner

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Versus

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The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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The Principal Secretary, Department of Social Welfare, Government of Bihar, Patna.

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The Director, Integrated Child Development Services (ICDS), Government of Bihar, Patna.

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The Tender Scrutiny / Technical Evaluation Committee, ICDS Directorate, Patna.

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... ... Respondents

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Appearance : For the Petitioner : Mr. Ankit Kumar Singh, Advocate For the Respondent/s : Mr. Addl. Advocate General (05)

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

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2 05-02-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

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The following reliefs have been sought for by the petitioner in the present writ application:-

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“1 (I) To issue a writ in the nature of Certiorari, quashing and setting aside the impugned Notice Inviting e-Tender, NIT No. ICDS-01/25-26 dated 22.08.2025, issued by

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Patna High Court CWJC No.564 of 2026(2) dt.05-02-2026 2/3

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the Directorate of Integrated Child Development Services (ICDS), Department of Social Welfare, Government of Bihar, for procurement of utensil sets for 1,15,009 Anganwadi Centres across all 38 districts of Bihar, alongwith Corrigendum-I and allied communications/amendments, insofar as the impugned tender prescribes arbitrary, unreasonable, disproportionate and exclusionary eligibility conditions, dilutes mandatory quality standards meant for child welfare, removes effective in inspection safeguards, and permits testing through NABL/private laboratories, thereby violating Articles 14 and 21 of the Constitution of India.

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(ii) To issue a writ in the nature of Mandamus, directing the respondents to conduct public procurement in a fair, transparent, competitive and constitutionally compliant manner by re-framing the eligibility and quality conditions, and* to issue a fresh tender ensuring, inter alia, procurement of utensils of appropriate childsafe grade (including mandatory 304-grade stainless steel with ISI certification or equivalent child-safe standard as may be specified), rational turnover and experience norms, inclusion of private-sector experience in evaluation, restoration/strengthening of

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Patna High Court CWJC No.564 of 2026(2) dt.05-02-2026 3/3

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inspection mechanisms, and a transparent testing regime conducted through Government laboratories with public disclosure of results.

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(iii) And for any other relief(s) as per the facts and circumstances of this case.

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On behalf of the learned counsel for the petitioner, it has been submitted that the financial bid has already been opened and contract stands awarded to private parties.

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