IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 27059 of 2008 Between: The Greater Mega City Contractors' Welfare Association, rep. by its President B.Narsing Rao S/o.late B.Pentaiah Office at 1-3-345, Kavadiguda, Hyderabad. ..... PETITIONER AND 1 The Chief Engineer, National High Way ( R & D Complex), Near Mahavir Hospital, Masab Tank, Hyderabad. 2 The Executive Engineer, City Roads Division, R & B, R & B Complex, near Mahavir Hospital, Masab Tank, Hyderabad. 3 The Prl. Secretary, R & B Department, Secretariat, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue writ or order or direction more particularly one in the nature of Writ of Mandamus to cancel G.O.Ms.No. 216 TR & B (R- 1) department dated 26.7.2007 issued by the Respondent on E- Procurement Tender calling system for works costing Rs.1 lakh and more; consequently direct the Resposndents to put to Open tender system upto Rs.10 lakhs in R & B Department instead of On-line Tenders system as existing in Municipal & Urban Development (B-2) Department vide G.O.Ms.No.813 dt. 16.11.2008. Counsel for the Petitioner:MR.G.ARUN KUMAR Counsel for the Respondents: GP FOR ROADS & BUILDINGS The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27059 of 2008 ORDER: The Greater Mega City Contractors’ Welfare Association impugns G.O.Ms.No.216 dated 26.07.2007, whereby and whereunder accepting the proposal of Engineer in chief (R&B), Government ordered to invite bids through e-procurement platform for all the works to be taken up by R & B Department with an estimated cost of Rs.1,00,000/- and above. Petitioner association is statedly of small contractors. Most of them allegedly belong to scheduled castes, scheduled tribes and vadderas. They take up small works like road widening, construction of culverts, drains, earth works, except hot mix process. They allege that most of big contractors procure R&B works and sub-let the same to small contractors like members of petitioner association. By reason of their illiteracy and being not well educated, they would not be able to handle e-procurement platform properly and even if they approach internet cafes for help they are not being treated fairly. They also contend that when Class-V Contractor’s & Economical Weaker Section Labour Contractors Cooperative Society & Welfare Association made a representation, Government issued G.O.Ms.No.813 dated 26.11.2008 directing to invite bids through e-procurement for all the municipal works costing Rs.10,00,000/- and above. Petitioner association seeks similar treatment with regard to R&B works. Learned counsel for petitioner association vehemently submitted that the method of inviting bids through e-procurement platform is intended to eliminate small contractors belonging to weaker sections and therefore, it is arbitrary. Secondly he submits that when bids can be invited for municipal works by physical tenders for the works below Rs.10,00,000/-, denying the same benefit to petitioner association is discriminatory. After giving due consideration, this Court is of the considered opinion that both submissions must fail. Government came forward with impugned G.O. to avoid cartel formation and to get the bids through e-procurement platform. Initially all the works costing Rs.10,00,000/- and above were tendered e-platform but having regard to the proposals of Engineer in chief Government decided to invite bids through e- platform for all works costing Rs.1,00,000/- and above. This in any manner cannot be termed as arbitrary policy. It is always open to Government to evolve its own policy for dealing with public property or public works. No citizen can have any right to insist Government to allot work to him/her nor can insist upon one method of inviting tenders. Second submission of discrimination also fails for the reason that G.O.Ms.No.813 dated 26.11.2008 seeks to achieve social justice by allowing the Weaker Section Labour Contractors Cooperative Society to avail benefit of tendering for municipal works costing less than Rs.10,00,000/-. If Government in their wisdom thought that for municipal works some benefit should be given to contractual workers of weaker section the same cannot be faulted nor discrimination can be inferred. The writ petition is devoid of merits and the same is accordingly dismissed. No costs. _____________ (V.V.S.RAO, J) 18th December, 2008 GHN To 1 The Chief Engineer, National High Way ( R & D Complex), Near Mahavir Hospital, Masab Tank, Hyderabad. 2 The Executive Engineer, City Roads Division, R & B, R & B Complex, near Mahavir Hospital, Masab Tank, Hyderabad. 3 The Prl. Secretary, R & B Department, Secretariat, Hyderabad. 4 2CCs to GP for Roads and Buildings 5 2CD copies Form-NIC-OGS/WP{KURR}