KAMLENDRA CHAUDHARY & OTHERS Vs. STATE OF UTTARAKHAND THROUGH SECRETARY PUBLIC WORKS DEPARTMENT & OTHERS

JUDGEMENT

(1.) PETITIONERS before this Court are contractors of Category 'B', 'C' and 'D' in the State of Uttarakhand. They are presently aggrieved by the action of the State authorities which are respondents before this Court, as the respondents have called for a bid for the construction of a number of roads in Kashipur (District Udham Singh Nagar). However, these bids are invited only from 'A' Category contractors, as the total estimated cost of the contract is Rs.8.22 crores. The main plank of the argument of the petitioners before this Court is that the major part of the construction of the road is by way of CC Tiles and the total number of roads are about 88 in number which have been wrongly clubbed into "one project" and one work, thereby pushing up the total worth of the project to Rs.8.22 crores. Had the total construction been split into 88 projects, then even small contractors like 'B', 'C' and 'D' category would have been allowed to participate. But in a project of Rs.8.22 crores, Category 'B', 'C' and 'D' contractors cannot even participate! Along with this argument runs another argument of the petitioner, which is that this has been done by the respondents with a motive to drive out the small contractors from the bid process and this infact is creating a monopoly in favour of large contractors.

(2.) THE State, in its counter affidavit, though has refuted all the contentions of the petitioners and has said that they are only following the Procurement Rules, 2008 of the State of Uttarakhand. Rule 3 (10) of the Uttarakhand Procurement Rules, 2008 reads as under: -

(3.) IN view of the above, the writ petition fails and the same is dismissed. On request of the Counsel for the petitioners it is hereby directed that a certified copy of this order be given to the petitioners today itself on payment of usual charges.