MIAECT PVT LTD Vs. HINDUSTAN COMPUTERS

JUDGEMENT

(1.) Rule; by consent returnable forthwith. With the consent of Counsel and at their request the petition is taken up for hearing and final disposal.

(2.) In these proceedings under Article 226 of the Constitution, the petitioner challenges a Government Resolution of 18 August, 2010 and an order of 31 August, 2010 by which a contract of a total value of Rs. 31.86 crores for the supply of computer hardware and for imparting training to students in 271 Government Hostels across the State has been awarded without inviting tenders.

(3.) In the State of Maharashtra, 271 hostels are conducted for students belonging to the backward classes by the State Government. The hostels are administered by the Director of Social Welfare. On 4 July, 2003, the Social Welfare Department issued a Government Resolution in order to make provision for amenities to students of those hostels. Included in those amenities, was a provision for four computer sets for each hostel. According to the Government, though computers were made available to the hostels, they remained unused or were underutilised in the absence of adequate training to students. The First Respondent unilaterally submitted a proposal on 30 March, 2010 for imparling computer training to hostel students. On 26 April, 2010, the Desk Officer forwarded the proposal to the Director of Social Welfare, informing him that the Government has received a proposal for creating a Computer Section on a build, operate and transfer (BOT) basis for Government Hostels and for imparting computer training. The Director of Social Welfare scrutinized the proposal and submitted his report. The Director of Social Welfare while evaluating the proposal was categorically of the view that the State Government should issue a public advertisement and invite offers from interested bidders. By a letter dated 21 June, 2010, the Desk Officer informed the Director of Social Welfare to submit any other proposals that he may receive, to the Department. According to the Government, three other institutions submitted their proposals to the Director which were forwarded by him to the Principal Secretary in the Social Welfare Department on 28 June, 2010. The proposals were evaluated. On 17 August. 2010. a decision was taken at a meeting convened by the Minister. (Social Justice and Special Assistance Department) at which it was decided that from the proposals which had been received from the Director of Social Welfare, a contract should be awarded to the bidder who had offered the lowest rate. Accordingly, on 18 August, 2010, a GR was issued by which a contract for the supply of computers on a BOT basis for providing computer training for 2010-11, 2011-12 and 2012-13 was awarded to the First Respondent. The total outlay for 2010-11 is Rs. 14.23 crores, whereas the outlay for the subsequent two years is Rs. 8.81 crores per annum.