Indian Contractors Of Builders ... vs Union Of India (Uoi) And Ors.
2002 Latest Caselaw 741 Del

JUDGMENT

Manmohan Sarin, J.

1. Rule.

With the consent of the parties, writ petition is taken up for disposal.

2. Learned counsel for the petitioner submits that once the petitioners have been found to be eligible for carrying out the works up to 5 lacs or for the works more than 20 lacs and have been enlisted, it is not permissible for the respondent to prepare a further Select List out of these contractors for maintenance work to be carried out in the VIP/VVIP areas. Petitioner, therefore, had impugned notification dated 28.1.1999, inviting application for Select List.

3. Learned counsel for the respondent submits that the writ petition has become infrustuous, as the challenge in this writ petition is to the Select List of 1999, which was to be prepared in pursuance to the advertisement dated 28.6.1999. Hew submits not only that Select List was prepared,, its validity has since expired. Further that in 2001, similar advertisement was issued, pursuance to which Select List for the year 2002 was also prepared. Learned counsel for the respondent further submits that there is good reason and (sic) for preparation of a further select list in VIP/VVIP areas. Apart from the financial viability and capacity of the contractor to carry out the work. If work is to be executed in VIP/VVIP ares, security considerations, credibility of the contractor and its staff, his past record in completing works in crash time are factors, which are required to be considered. Learned counsel for the petitioner on the other hand submits that this is merely a device for favoring preferred ones.

4. I find that the prayer made in the writ petition has becomes infectious. Even otherwise there appears to be reasonable basis for the classification and preparation of a Select List, to cater to the VIP/VVIP works for the factors enumerated earlier. In case petitioner has any specific grievance with regard to its actual implementation or cases of nepotism or favoritism being shown, it would be for the petitioner to assail the same, giving complete particulars.

5. The writ petition is dismissed as having become infractuous and being devoid of merit.