S UMAMAHESWARA RAO Vs. CHIEF ENGINEER NABARD

JUDGEMENT

(1.) This writ petition seeks a writ of Mandamus declaring the action of the respondent in prescribing Condition No.10 in the Tender Notification C.T.N. No. C.E. (R and B) NABARD/8/2002/2003, dated 17-1-2003, published in the Times of India, as arbitrary, illegal, unjust, without the authority of law, and violative of fundamental Rights guaranteed under Articles 14,19 and 21 of the Constitution of India, apart from being contrary to the Directive Principles of State Policy, and consequently direct the respondent not to insist on the said condition and to finalize the tenders without reference to the same.

(2.) The petitioner, who claims to be a Class-I registered Contractor, is assailing the Tender Notification, dated 17-1-2003, issued by the 1st respondent inviting tenders in respect of the works mentioned therein. He is, however, confining his challenge to the Tender Notification insofar as Condition No.10 is concerned, whereunder the intending tenderer is required to have WBM (Water Bound Maccadam) to a tune of Rs. 40,500/-.

(3.) The Government of Andhra Pradesh with a view to usher in comprehensive reforms for streamlining and standardizing the procedures for inviting and award of Tenders, appointed a Cabinet Sub- Committee vide G.O.Ms.No.99, T(R and B (Roads-I) Department, dated 9-6-1998, to suggest reforms. The Cabinet Sub- Committee having considered and reviewed various aspects of the matter, suggested certain reforms in the shape of recommendations. The Government having considered the recommendations of the Cabinet Committee, first spelt out the reforms, by way of conditions, issued in G.O.Ms.Nos. 132, T (R and B) Department, dated 11-8-1998, and in partial modification of the said G.O., the Government issued another G.O. in G.O.Ms.No.23, Irrigation and Command Area Development (PW:COD) Department, dated 5-3-1999, which were required to be fulfilled by those who intended to tender for Government works.