STATE OF KERALA Vs. ANOOP KUMAR

JUDGEMENT

(1.) These Writ Appeals have been preferred by the State of Kerala represented by Secretary to Government, Public Works Department (National Highway), Thiruvananthapuram and the Superintending Engineer, aggrieved by the common interim order, passed by the learned Single Judge on 8.4.2005 by which learned Judge directed the appellants to issue tender forms to all those who intend to bid without insisting on the condition that tender schedule would be issued only to those who have a minimum of one year experience in the same nature of work, worth Rs. 25 lakhs for a single work for the last three years preceding the date of tender. Later another learned Judge modified the interim order on 30.5.2005 stating as follows:

(2.) Public Works (National Highway) Department of the Government of Kerala published tender notice dated 11.3.2005 for awarding the work of "National Highway 47 Toll Collection of Akkulam Bridge in Thiruvananthapuram-Neyyattinkara Byepass". The E.M.D. to be deposited by the applicant is 4,31,000/- and cost of tender documents is Rs. 2,000 + ST + AST. Last date of receipt of the tender was 29.3.2005. Among the various conditions we are concerned with the following condition.

(3.) Senior Government Pleader appearing for the State, on the other hand, contended that the Government have incorporated the above conditions by gaining experience from the past conduct of work and due to the loss sustained by the Department. Counsel submitted that the conditions stipulated cannot be termed as unreasonable or arbitrary so as to be interpreted by this Court especially in the absence of any allegation of ill-motive or mala fide against the Department.