LAWS(ORI)-2011-2-17

BIJAY KU PANIGRAHI Vs. STATE OF ORISSA

Decided On February 25, 2011
BIJAY KU. PANIGRAHI Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) This batch of writ petitions were listed before this Court on reference being made by the Division Bench of this Court vide order dated 06.05.2010 to answer the question framed therein, which reads thus:

(2.) The said order of reference was made in view of the decisions rendered by a Division Bench of this Court vide common judgment dated 23.3.2010 and also by another Division Bench of this Court vide order dated 25.3.2008 in earlier writ petitions filed on the similar grounds. Both Division Benches of this Court considered the validity of the amendment to Rule 3 of Appendix-VIII of the Orissa Public Works Department Code, Volume-II (Public Works Department Contractors Registration Rules, 1967) and held that the classification having been made on the basis of the value of the contract and the authorities having acted in a reasonable manner, there is no scope for interference.

(3.) Brief facts in a nutshell and rival legal contentions urged by the parties are necessary in this judgment with a view to answer the said points of reference. The same are stated as under: