NILESH TODI Vs. GUJARAT SECONDARY EDUCATION BOARD

JUDGEMENT

(1.) This petition is filed as a public interest litigation for prayers in terms of para 3 which reads as under:-

(2.) The case of the petitioner is that he is a businessmen carrying on activities in design, printing and development of packaging materials. It is his case that the respondent Board which is an instrumentality of `State' within the meaning of Article 12 of the Constitution of India is required to arrange, control and supervise examination to be taken by the Board of students of secondary schools in the State. For that, the Board has to arrange for preparation and supply of answer books, supplementaries and other materials. According to the petitioner, students appearing in such examination are large in number and about 300 tons of papers are normally used by the Board for answer books and supplementaries. According to the petitioner, for awarding contract of answer books and supplementaries , there must be a policy which should be reasonable and in consonance with provisions of the Constitution. It is the allegation of the petitioner that the Board has taken an arbitrary action which requires to be interfered with by this Court.

(3.) Notice was issued pursuant to which the respondent has appeared and an affidavit in reply is also filed on behalf of the Board by Chairman of the Gujarat Secondary Education Board. In the affidavit, it is stated that all the decisions of the board in respect of matters of award of contract are free from arbitrariness and unfairness and are also in consonance with Article 14 of the Constitution of India. Decisions, as per assertion of the deponent, are taken after due deliberations. It is also stated that the Finance Committee of the Board is entrusted with the work of awarding of contracts. The Finance Committee consists of the following members: