KHERI MANIAN CO OPERATIVE LABOUR AND CONSTRUCTION SOCIETY LTD Vs. MUNICIPAL COUNCIL SAHIBZADA AJIT SINGH NAGAR

JUDGEMENT

(1.) This petition seeks quashing of action of the respondents in denying consideration to the petitioners to participate in tender process in pursuance of tender notice dated 4.8.2010, Annexure P-3. It is stated that the petitioners were not being considered on account of instructions of the Registrar, Annexure P-7, to the effect that the Societies of the same District where the work falls only can get the work.

(2.) Learned counsel for the petitioners submits that in view of judgment of this Court dated 27.5.2010 in CWP No. 8326 of 2010 (The Haripura Co-op. L&C Society and others v. State of Punjab and others, the condition restricting right to participate in tender process only to Cooperative Societies of a District where the work is to be executed is legally impermissible. In the said case, referring to identical instructions, this Court observed:- We are of the opinion that impugned instruction dated 4.5.2010 is not a law. Basis of the instruction has not been disclosed. At the first sight, instruction seems to be unjustified and arbitrary. We are of the opinion that pursuant to instructions dated 4.5.2010, petitioners-societies cannot be debarred from participating in tender process throughout the State, if they fulfil other eligibility and qualifications prescribed for the tender.

(3.) Learned counsel for the respondents has not been able to distinguish the above judgment of this Court.