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Judgment
Challenging an advertisement issued by the Director, Technical Education, Uttarakhand dated 19th September, 2013, appellants approached the writ Court. It was contended in the writ petition that the Director is seeking supply of materials and in the matter of obtaining such supply it is preventing a large number of suppliers of the State from even participating in the tender process by holding out that a person, who had supplied goods at least worth Rs. 75 lacs/- is only entitled to participate in the tender process. This writ petition has been dismissed by the judgment and order appealed against on the ground that there is no violation of Article 14 of the Constitution of India.
In preferring the present appeal, there has been 55 days'' delay and, accordingly, an application for condonation of delay has been filed. To that, no objection has been filed by the respondents. We have considered the averments made in the application for condonation of delay and being satisfied with the reasons furnished, allow the application.
We admit the appeal, inasmuch as, a substantial question of law has been raised, whether a Government Officer, purporting to function on behalf of the Government, can prevent participation in a tender process for supply of goods unless the Government itself has given a guideline to that effect? In the instant case, an affidavit has been filed, whereby and under, the State has brought on record the Uttarakhand Procurement Rules, 2008 made by the Government in exercise of its power under Article 166 of the Constitution of India. In the said Procurement Rules, the Government has not given any power under any circumstances to any officer of the Government to prevent any person from participating in a tender process for supply of materials. We, accordingly, pass an interim order directing the State Government and its officers to ensure that henceforth and until this order is vacated, no Government officer is permitted to hold out that a person or a class of persons will not be entitled to participate in the tender process unless a Cabinet decision to that effect is taken.
List for hearing in its turn.
Rejoinder affidavit to the counter affidavit, filed in Court, may be filed within three weeks from today.