NARAIN DASS NAIK Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking an appropriate writ directing the respondents to produce the records of the case, (b) that the respondents be directed to consider the bid of the petitioner herein for the work of Jawahar Lal Nehru Government Engineering College at Sunder Nagar.

(2.) Before I proceed with the case further, what I notice is that the case has been hanging fire since 2nd February, 2012. By an order passed on that date, a direction was issued to the respondents to consider the petitioner's bid while finalizing the tenders which were made specifically subject to the final decision of the writ petition. The facts of this case need not detain this Court any further since it is an admitted case that the petitioner is a registered Class-A contractor. The conditions imposed are:

(3.) It is this condition which has been challenged by the petitioner as being arbitrary on the ground that: (a) it has been inserted for the sole purpose of excluding the petitioner (b) that since the petitioner is a registered class-A contractor, he is entitled to participate in the tender process for any contract/work to be awarded by the government without any monetary ceiling. The rival contentions of the parties on this point have been considered. The case of the petitioner is based on Annexure:P2 where the condition imposed: