Case Note & Summary
The Maharashtra State Contractor’s Association, a registered association of contractors and trade union, filed a writ petition in the High Court challenging four tender notices issued by the Executive Engineers of Zilla Parishad, Pune, for construction and development of school premises. The Zilla Parishad had issued administrative sanctions for 301 schools across various talukas of Pune district, each with separate sanctions. The petitioner contended that each work should be tendered separately, but the respondents clubbed multiple works in the impugned notices, contrary to the requirement of separate execution. The petitioner relied on Government Resolution dated 5 April 2023, which made special provisions to encourage award of contracts to unemployed educated engineers and labour contract societies, including a reservation of 40% works for educated unemployed engineers, and sought to ensure smaller works were allotted preferably to such groups. The petitioner sought directions to issue fresh tender notices without clubbing of works or, alternatively, to dilute eligibility criteria in line with the policy of distribution of works. The counsels were heard on the matter.
Headnote
A) Government Contracts - Tender Conditions - Clubbing of Works - Government Resolution dated 5 April 2023 - Petitioner association, representing contractors, challenged tender notices clubbing multiple works for school construction, arguing separate tenders should be issued for each sanctioned work in light of the Government Resolution providing for reservation of 40% works for unemployed educated engineers and labour contract societies. The matter was heard (Paras 1-3).
Issue of Consideration
Whether clubbing of works in tender notices is permissible and whether eligibility criteria should be diluted as per policy of distribution of works
Law Points
- Government Resolution dated 5 April 2023 providing special provisions for award of contracts to unemployed educated engineers and labour contract societies
- reservation of 40% works
- policy of distribution of works
