TAPAS AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) "Saraswati Bicycle Supply Scheme" is a scheme floated by the State of Chhattisgarh to check enrollment, attendance, dropout and continuation of education of girl students in State owned schools in the State till 12th standard after full-fledged research conducted through the State Council for Educational Research and Training (SCERT), Raipur in the age group of 14-18 years at secondary and senior secondary school levels. The said Scheme is in force and bicycles are being distributed in each year to secure the cent percent enrollment of girls (BPL, SC and ST) who have passed Class-VIII and to ensure their retention up to Class-XII. Under the said Scheme, bicycles are to be distributed free of cost to all SC/ST/BPL girl students who have enrolled themselves in Class-IX. In the year 2015, the pattern/manner of distribution was changed and the State Government has made a scheme for appointment of five dealers for supply of bicycles.

(2.) The writ petition herein by way of this public interest litigation questions the policy of the State Government for appointment of dealers for supply of bicycles through the Chhattisgarh State Industrial Development Corporation Limited stating inter alia that the present mode of distribution of bicycles to the girl students seems to be unfair, unreasonable and is likely to cause inconvenience to the beneficiaries and loss to the public exchequer. The petitioner in this writ petition has suggested that the Scheme does not provide for responsibility of any person for repairs and change of parts of the said bicycles to the girl students. The Scheme reveals that respondent No.3 obtains guarantee/warranty of one year from the suppliers, but no such warranty arrangement has been made to make available the individual guarantee/warranty to individual beneficiary to avail the benefits of those guarantee/warranty. A prayer has been made that a new scheme be evaluated for opening of accounts and transfer of funds in the accounts of the beneficiaries through the concerned schools by restraining the State from proceeding further pursuant to Annexure P-1 i.e. the tender floated by the Chhattisgarh State Industrial Development Corporation Limited inviting tenders for supply of bicycles and the writ petition be allowed.

(3.) Mr. P.K.C. Tiwary, learned Senior Advocate appearing for the PIL petitioner, would submit that the policy in vogue for supplying bicycles by appointing dealers is clearly unreasonable and thereby on supply of bicycles it is distributed to the girl students is unfair, as there is no provision for repair of bicycles/change of parts during the warranty period, as such it is infringement of the rights of the beneficiaries for use of bicycles in its right perspective, therefore, the respondents/State be directed to change the present policy of calling tenders and thereby purchasing bicycles and thereafter, distributing the same to the girl students, rather it would be more better if amount is deposited in the accounts of beneficiaries and they should be allowed to purchase bicycles by their own and as such, the impugned notice inviting tender Annexure P-1 inviting tender for purchase of bicycles by process of tender be quashed.