Patna High Court on Wednesday directed the state building construction department to file a counter affidavit, replying to the allegations levelled against it that the department concerned had indulged in irregular practices while allotting tenders for construction of various buildings in the state, including medical and engineering colleges, schools and other government buildings.

A division bench of Chief Justice Rajendra Menon and Justice Anil Kumar Upadhyay passed the order while hearing a public interest litigation (PIL) filed by high court advocate Manibhushan Pratap Sengar.

Sengar, in his petition, had alleged that the department has been issuing tenders for constructing buildings without following norms.

"The building construction department has been issuing tenders to firms which are less in experience. They (department) are giving tenders to their own men," Sengar told the bench.

Citing a few examples, Sengar said: "The state government in 2006 brought the Bihar State Infrastructure Development Enabling Act, 2006, setting afresh terms and conditions for construction of new buildings. However, the Bihar Medical Services & Infrastructure Corporation (BMSICL) issued tenders for constructing new medical colleges at Bettiah and Darbhanga by tinkering with the rules laid down under the new Act."

Sengar alleged that at both the places, Bettiah and Darbhanga, while the nature of the construction was the same, the BMSICL had issued tenders with different terms and conditions.

The bench directed the government to file a counter affidavit within four weeks.

In another example presented before the court, Sengar said one particular construction company is being issued tender for the past 25 years and the company is being awarded tender for carrying out works in varied sectors like building infrastructure for railways and health facilities.

The same company has been awarded tender for building the Bettiah Medical College, the bench was informed.

Following the arguments put forth by Sengar, the court directed the state government's counsel to file a detailed reply in this regard by responding to the charges levelled by the petitioner of irregularities and violation of norms while issuing tenders for construction of new buildings.