Decided on December 26,2012

Cyborg It Services Pvt. Ltd Appellant


SUDHANSHU DHULIA,J. - (1.) HEARD Mr. Bhupendra Singh, Advocate for the petitioner and Mr. K. C. Tiwari, Brief Holder for the State of Uttarakhand.
(2.) THE petitioner claims to be "First Information Technology" (Software Development) Company in the State of Uttarakhand. It also claims to have developed software known as "Nipun" which has to be used for administrative and ministerial purposes in schools and in such other educational institutions. Apart from the State of Uttarakhand, the petitioner's company also claims to be working in Uttar Pradesh, Jharkhand and in Bihar. This petition has been filed in the name of CYBORG IT Services Pvt. Ltd. through its Chief Executive Officer, namely, Mr. Jitendra Kumar Haneria. The company has its office at Dehradun. The petitioner also claims to have launched the said software (Nipun) and he further states that this software had a great demand from the Principals of Government and Government aided schools. In the year 2008-09, the company started receiving huge demand from the Principals of various Government schools in the State of Uttarakhand for the software "Nipun". It is necessary to note here that all these demands were from Government schools in one district i.e. District Pauri Garhwal (in the State of Uttarakhand). The demands were for installation of the software called "Nipun". No effort has been made to explain as to what is the utility of this software in government schools situated in remote village and hill areas of district Pauri Garhwal. There is nothing on record to show that this software "Nipun" has been approved by government or by any expert body of Central or State Government or that there is any certification to the effect of its utility in schools. The petitioner though states that there is a procurement regulations presently applicable in the State of Uttarakhand known as "Uttarakhand Adhiprapti Niyamawali", 2008 (Uttarakhand Procurement Regulations, 2008) (from hereinafter referred to as "Procurement Regulations"). The petitioner relied upon regulation 8 of the Procurement Regulations, according to which any commodity which has its value of Rs. 15,000/- or less can be procured from the competent authority without calling for quotation / tender at market rates. All has to be done is that authority must satisfy himself that such a commodity is required and it has a special quality and is being procured at proper rates. Be that as it may, the case of the petitioner is that under the aforesaid provision, 323 schools, from Pauri Garhwal, Uttarakhand made a request to the petitioner for getting this software "Nipun". In view of the requisition, which the petitioner has annexed as Annexure No.2, he supplied all of them this software called "Nipun". Since the payment to this software was not being given, the petitioner made certain efforts. However, Subsequently the Director, School Education, Dehradun vide his letter dated 6.8.2009 directed the District Education Officer, Pauri Garhwal, to immediately stop the payment to the said company, which is annexed as Annexure No. 11 to the writ petition. It is this letter / order, which the petitioner has sought to quash by seeking relief from this Court. The impugned letter / order dated 6.8.2009 which is of the Director, School Education is addressed to the District Education Officer (from hereinafter referred to as DEO), Pauri Garhwal stating that a software from CYBORG IT Company known as "Nipun school management" has been directed to be purchased for each school in the district, and that for each school this software costs around Rs. 23,000/- and it is presently being procured (or has been procured) by 300 such schools in the district. The total expenses thus which have to be incurred by the State for purchase of this software (for one district alone) is going to be Rs. 66,00,000/- (Sixty Six Lakh). Before purchase of such a commodity (or service), the permission as given under the Procurement Regulations has not been obtained. It also states that apart from being in violation of financial rules and regulations such procurement is illegal, as the sanction from higher authorities has not been taken before procuring a commodity / service of such a high amount. Therefore, he directed the District Education Officer to cancel all his procurement with immediate effect and firm should not be given the payment, as the procurement is unauthorized and irregular. [This translation of the said letter has been made by this Court and it only states the intention of the said letter and may not be absolutely accurate].
(3.) SINCE after the said letter the amount was not received by the petitioner, he has filed the present writ petition, inter alia, quashing of the letter / order dated 6.8.2009 and made further prayer, which reads as under: "Issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the installation and training of the "NIPUN" School Management Software and also not to interfere in making payment for payments by schools to the petitioner on the account of supply of "NIPUN" School Management Software and Training package." ;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.