LAXMI CONSTRUCTION CO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHHATTISGARH Rural Road Development Authority, respondent No.3 herein, took a policy decision for registration of the Contractors by fixing certain norms, and circular /order No. 785/1424/RC-3/5W#3?/2006 dated 27/1/ 2006 (Annexure-P/6) was issued. Para 3 of the circular reads as under :- <IMG>JUDGEMENT_6_AIR(CHHAT)_2012image2.jpg</IMG>

(2.) THE petitioner is aggrieved by the last part of Para-3 which says that in case of a Firm or Company seeking registration, the experience of the Partners of the Firm/Directors of the company would not be considered as the experience of the Firm/Company.

(3.) MR . Rahul Jha� learned counsel appearing on behalf of the petitioner, argued that the impugned condition in the circular dated 27-1-2006 is impracticable, arbitrary, unreasonable and contrary to the judgment of the Supreme Court which is Law of the land, therefore, the same may be struck down and the respondents be directed to consider the application of the petitioner for its registration in respective category (S-5) and impugned communication dated 24-9-2009 (Annexure- P/10) be also quashed. He relied on the decision of New Horizons Limited and another v. Union of India and others, (1995) 1 SCC 478 : (1995 AIR SCW 275).