MOHANLAL HIRALAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution of india, directed for striking down Para 1214 of the Indian Railways Code for the engineering Department (hereinafter referred to as the 'code') on the ground that it violates Article 14 and Article 19 (l) (g) of the Constitution of India. The petitioner has also asked for the ancillary relief for quashing the short list of the contractors prepared by the respondents and further issuance of directions to adopt open tender system.

(2.) THE short facts leading to this petition are as under : The respondent No. 1 proposed to construct an Over-bridge on Railway crossing at Itarsi on the railway line-Bombay to Jabalpur and Bhopal to Nagpur. The estimated cost of the work was Rs. 2. 50 crores and the work was to be completed within a period of four calendar years. The respondent No. 1 has to cover the portion for construction of the over bridge in between railway line alone and for approach roads from both sides it was for the State government to construct the said approach roads. The approach roads also roughly cost Rs. 4 to 5 crores.

(3.) THE respondents' case for issuing and accepting tenders is governed by chapter XII of the Code which provides detailed instructions regarding the procedure to be adopted by the railway department in giving contracts/works contract. These instructions are no doubt mandatory and have force of law within the meaning of article 13 of the Constitution.