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18. Having heard learned advocates appearing for the parties and having gone through the materials placed on record, it would emerge that the respondent Corporation issued NIT for printing and supply of SSA text books for Class-I to Patna High Court CWJC No.11244 of 2025 dt.13-08-2025 Class-VIII Class/standardwise, Districtwise, Languagewise for the academic year 2025-2026. It would further emerge that all the petitioners participated pursuant to the said NIT and were declared successful. The other printers, whose details are mentioned in the chart annexed with the counter affidavit of the respondents, were also declared successful in the said process for different districts and for different classes. From the submissions canvassed by learned advocates appearing for the parties, mainly it would emerge that it is the case of the petitioners that because of the change in design/ various reasons and because of the modifications and various instructions issued by the respondent, from time to time, there was some delay caused in supplying the books. It is also the case of the petitioners that the books were supplied within the grace period, i.e. upto 120 days. The main contention of the petitioners is that the impugned orders of blacklisting were passed by the respondents in cases of the respective petitioner without issuing the show cause notice. In fact, show cause notice has been issued by the respondent to the petitioners in which the petitioners were asked to show cause why proceedings with regard to blacklisting be not initiated. However, thereafter no proceeding has been initiated against the petitioners and Patna High Court CWJC No.11244 of 2025 dt.13-08-2025 straightaway the impugned orders have been passed. It is also the case of the petitioners that the impugned orders are non- speaking orders and while passing the same there is non- application of mind on the part of the respondent authority and, thus, there is arbitrariness on the part of the respondents. Thus, the respondent has violated Article-14 of the Constitution of India and, therefore, this Court is having power to entertain the present petitions.

19. With a view to appreciate the aforesaid contentions and factual aspects, we have gone through the entire record. From the record, it transpires that as per Section- II.B 1.4 of NIT dated 28.08.2024, the contract was to be awarded from the date of issuance of the work order and the text books were required to reach the destination points concerned (H.Qs./ B.R.Cs. in the State) within 01.02.2025 or 105 days from the date of final approval of dummy/proof, whichever comes first. Further, Section-II, Clause-11 of NIT states that the Corporation has the right to vary quantities at the time of award of contract of SSA. Further, Clause-8 of Section-III of General Condition of Contract contained in NIT provides that delivery at the destination points should be strictly made within 01.02.2025 or 105 days from the date of final approval of dummy/proof, Patna High Court CWJC No.11244 of 2025 dt.13-08-2025 whichever comes first and 15 days additional grace period for 100% delivery was provided in the scheduled timeline. At this stage, it is important to note that Clause-8.2 specifically provides that time is the essence of this contract and that the time period has to be strictly followed by the bidder at any cost. Further, no negligence should be shown on the ground of delay at any cost.