MALTESH Vs. HUBLI DHARWAD MUNICIPAL CORPORATION

JUDGEMENT

(1.) These appeals are preferred by the appellants challenging the legality and correctness of the order dated 26.09.2012 passed in W.P.Nos.69714-69722/2012 and other connected matters. The appellants were the writ petitioners before the learned single Judge. The writ petitions were filed by them to quash certain conditions imposed by the 4th respondent in its tender notice dated 14.05.2012 and 10.05.2012 as per Annexures H and J and to declare certain conditions imposed therein as unconstitutional and shall not apply to the individual participants who belonged to Schedule Caste.

(2.) According to the writ petitioners they are the children of Powra Karmikas, who were working under the 4th respondent and that the petitioners are experts in cleaning roads, markets, drains and collection of waste materials, thereafter segregating them and transport the solid waste. They were awarded with cleaning, collection and transportation of solid waste within the area of Hubli Municipal Corporation for the year 2009-2010.

(3.) The Notification in question was issued to entrust the work for the year 2012 2013. While issuing the tender notification, certain conditions were imposed granting exemption to the society registered by the members of the Schedule Caste and Schedule Tribe, reducing EMD amount to 10% compared to the other competitors and also reducing the quantum of turnover of the previous years from 50% to 10% and such benefit has not been extended to an individual belonged to Schedule Caste and as a result of which the petitioners though belonged to the Schedule Caste are unable to compete in tender and the intention of the respondent in not extending such benefit to individual Schedule Caste person s is to keep the petitioners away from participating in the tender, which amounts discrimination and the rights guaranteed to them under the constitution has been taken away. Therefore, they requested the Court to quash the tender notifications dated 14.05.2012 and 10.05.2012 and to declare that they are also entitled to similar benefits, which has been extended to the registered society of the Schedule Caste and Schedule Tribe group.