IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14503 of 2009 BIR RANJAN KUMAR S/O SHRI RAM NARESH PRASAD VERMA VILL-+ POST- BAHADURPUR,VAI-ARERAJ,PS-GOBINDGANJ DISTT- EAST CHAMPARAN------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECY. BUILDING CONSTRUCTION DEPARTMENT “VISHWESHWARRAIYA BHAWAN” BAILEY ROAD,PATNA 3. THE ENGINEER-IN-CHIEF CUM ADDITIONAL COMMISSIONER, CUM TECHNICAL SECY,CUM SPECIAL SECY. BUILDING CONSTRUCTION DEPARTMENT, VISHWESHWARRAIYA BHAWAN, BAILY ROAD,PATNA 4. THE JOINT SECY. BUILDING CONSTRUCTION DEPARTMENT VISHWESHWARRAIYA BHAWAN BAILEY ROAD,PATNA,BIHAR 5. THE CHIEF ENGINEER, BUILDING CONSTRUCTION DEPARTMENT, VISHWESHWARRAIYA BHAWAN, BAILEY ROAD,PATNA,BIHAR------- --------------------------RESPONDENTS ----------- 3 6.1.2010 Heard learned counsel for the petitioner and learned Additional Advocate General 11 for the State. Petitioner wants quashing of the notification dated 7.5.2007 which has been issued under the signature of the Joint Secretary, Road Construction Department, Government of Bihar. By virtue of above a new set of rules for registration of contractors known as Bihar Contractors Registration Rules 2007 has been brought into effect. This rule is in supersession of the earlier rule and lays down the terms and conditions for all such contractors who want to participate in public tenders issued by the State of Bihar and its departments. The new rule also lays down that fresh registration would be required to be obtained by the contractors irrespective of their earlier registration under the old rule. Submission of learned counsel representing the petitioner is that since the present rule is not statutory rule enacted under Article 309 of the Constitution of Indian therefore the same is not binding upon the petitioner and it should be declared non- - 2 - enforceable. The Court fails to understand as to how registration of a contractor would be covered under Article 309 of the Constitution of India and under what law they would be deemed to be civil servants serving under the State or the Union. The submission with regard to the challenge to the new rule of registration is totally misplaced and has no substance and merit. So far as the applicability of the decision rendered in batch cases brought on record as annexure-C is concerned it has no co-relation to the issue and questions raised in the present writ application. This writ application stands dismissed. RPS (Ajay Kumar Tripathi, J.)