STATE OF BIHAR Vs. NATIONAL PROJECT CONSTRUCTION

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) BOTH these Letters Patent Appeals have been filed against order dated 21.12.2006 passed by a learned single Judge of this Court in C.W.J.C. No. 12197 of 2006, and, accordingly, these appeals were heard together and are being disposed of by this order.

(3.) THE matter relates to grant of a contract work. The State of Bihar decided to set up an Institute of Technology as premier Institute at Chapra to be named as Lok Nayak Jai Prakash Narayan Institute of Technology. The entire project was divided into thirteen building projects and tenders were floated in the year 2004 for a total estimated construction cost of about rupees thirty crores. However, nothing could materialise. Thereafter notice in tender matter for the same scheme was again issued on 7.5.2005, but before tenders were accepted the State of Bihar was put under President Rule. Under the President Rule the Chief Secretary of the State of Bihar sought for permission from the Governor of Bihar to relax the provisions of P.W.D. Code in order to permit the Government to have the works done from the public sector undertakings or such National repute contractors. The Governor, accordingly, approved the proposal. The Government thereafter called for tenders only from public sector undertakings and such other contractors.