Fixation of eligibility criteria entirely within purview of executive, except when it is absolutely arbitrary, unreasonable: Patna High Court

In Janvani Prakashan Pvt Ltd & Ors. vs. The State of Bihar through its Chief Secretary, Government of Bihar & Ors. (2025), Patna High Court's Acting Chief Justice Ashutosh Kumar and Justice Partha Sarthy heard three writ petitions and consigned them. The judgement reads: "In the present set of circumstances where supply of books in the schools have already been made, we do not wish to decide such hypothetical issues as to whether, in such a situation, a private party would be entitled to have the hands of the clock turned back and in this case, by way of compensation, as for that a separate case of tort, misfeasance, negligence or breach of statutory duty will be required to be proved." The judgement was delivered on May 5, 2025.

The primary grievance of the petitioners was that the eligibility/ qualification criteria in the request for proposal for supply of books in Government schools, viz., of having average turnover of Rs. 4 crores for three financial years, was arbitrary, whimsical and has the potency of excluding good publishers with sound financial health to participate in such bid.

The Court observed: "We are afraid, this is not an area in which Courts could intrude. Fixation of the eligibility criteria is entirely within the purview of the executive and the Courts hardly have any role to play in this process, except when the action of the State is absolutely arbitrary and unreasonable." It referred to Supreme Court's decision in Michigan Rubber (India) Limited vs. State of Karnataka and others (2012) 8 SCC 216. 

The judgement reads: "The very fact that for all these years, the same condition has been incorporated in such tenders which have attracted many bidders and supply of books have been made, is indicative of the fact that the conditions are not very onerous." The judgement was authored by Justice Kumar.