N. GUNASEKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Court reminds me of a dialogue in Tamil Cinema of actor Sivaji Ganesan in a film viz., "XXX XXX XXX" which means "If a new administration comes, everything will be done afresh". This case would stand as an example that if there is a change of Government, the policies will also be changed. In the State of Tamil Nadu, it is a fact that when there is change of Government, the policies definitely would be changed without considering that whether the current policy is good for the people or not.

(2.) The issue in this case is introduction of package system in awarding the contract by grouping various works in a single package. Originally, the said system was introduced in the year 2003 and subsequently, it was withdrawn in the year 2006, when there was a change of Government. The same was reintroduced in the year 2012, when again, there was a change of Government, moving back to the very old system which was introduced in the year 2003. The policy changes according to the ruling party, according to its wish. However, what is to be seen is, whether the policy decision taken by the Government is firstly in larger interest of people or it is in violation of Article 14 of the Constitution of India or arbitrary.

(3.) In this case, the petitioner is aggrieved over G.O.(Ms).No.162, Highways & Minor Ports (HN1) Department, dated 01.10.2012 by which the package system was introduced in Highways Department for doing road works. By package system, a number of works can be grouped to a value of Rs.5 Crore to Rs.15 Crore as a major work for easy execution. According to the petitioner/appellant, the said Government Order has been passed only to favour a selected few contractors thereby eliminating the other competent contractors from the field violating Article 14 of the Constitution of India.