IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 W.P(C).No. 7561 of 2008(A) --------------------------------- PETITIONER: -------------- SREE NARAYANA CONSTRUCTIONS PRIVATE LTD., NEAR K.S.R.T.C. BUS STAND, JETTY ROAD, KOLLAM. BY ADV. SRI.P.K.BALAKRISHNAN NAIR RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, IRRIGATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT ENGINEER IRRIGATIONS CENTRAL CIRCLE, THRISSUR. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 7561 OF 2008 - A = = = = = = = = = = = = = = Dated this the 18th day of March, 2008 J U D G M E N T The challenge in this writ petition is against Ext. P1 to the extent it prescribes that the tenderer should have executed work of at least 50% value of the tendered work in the previous 5 years. Counsel for the petitioner submits that as against the prescription of 50%, Exts. P7 to P17 pre-qualification notices published by other offices of the respondent itself prescribed only 40%, and therefore Ext. P1 to the extent it prescribes 50% is discriminatory and arbitrary. 2. The learned Govt. Pleader today made available before me a Govt. Order dated 9.6.1999 which prescribes that for pre- qualification tenderers experience should be a minimum of 50%. 3. If as stated by the learned Govt. Pleader, 50% of the minimum prescribed by the Government, even if it is true that 40% has been prescribed by some of the office of the respondents W.P.(C)No.7561/2008 - 2 - themselves, the clause in Ext. P1 cannot be invalidated for that reason. Since 50% prescribed in Ext. P1 is consistent with the Government order that should govern the matter. I do not find anything discriminatory or illegal in Ext. P1. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE jan/-