SRIYASH TECHNOLOGIES LTD. Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 of Constitution of India, the petitioners have sought writ in the nature of mandamus directing the respondent No. 2 to recall its decision awarding the contract for preparing Smart Card based driving licenses and vehicle registration certificates to respondent No. 3 i.e. HILTRON, a public sector undertaking, which has entered into contract with respondent No. 4 to get the work done. Further mandamus has been sought directing the respondents No. 1 and 2 to call an open tender bidding for awarding the contract for aforesaid purpose.

(2.) HEARD learned counsel for the parties and perused the affidavits, counter affidavits and rejoinder affidavits, filed by the parties.

(3.) RESPONDENTS have contested the writ petition. In the counter affidavit filed on behalf of respondents No. 1 and 2, it has been stated that the petitioners have no locus standi to challenge the decision taken by Government of Uttarakhand to get work done through respondent No. 3, who is a service provider to the State in the field of Information and Technology. It is further stated that before taking decision, for getting the work executed through respondent No. 3 on 24.09.2005, presentation was made by respondent No. 3 in the presence of officers of NIC and Transport Department. It is further stated that in said demonstration, two public sector undertakings participated. Another undertaking was U. Dec. Respondent No. 3 submitted a detailed project and it was made clear in said project that technical assistance of another company would be taken in execution of the work. Proposal of respondent No. 3 was approved by Government for execution of the work and the contract was awarded to respondent No. 3. It is further stated that in the State of West Bengal also the scheme was implemented through a government undertaking -WEBBLE. It is further stated on behalf of respondents No. 1 and 2 that respondent No. 4 M/s Score Information Technology is an authorized business partner in the execution of the work and as such, there is nothing illegal about it.