PANKAJ KUMAR JAISWAL,DINESH KUMAR SINGH - (1.) Heard Sri Vijay Pratap Singh, learned Counsel for the petitioners and Sri Amitabh Rai, learned Additional Chief Standing Counsel for respondents-State. In the matter of Narayan Verma and another v. State of U.P . and 3 others, Writ-C No.8874 of 2020, a Co-ordinate Bench of this Court has held that Uttar Pradesh Kshettra Samitis and zila Parishads Works Rules, 1984 nowhere restricts the contractors registered with other government department from participating in tender process initiated for the works relating to district panchayats, and also not makes it necessary for the district panchayats to avail services of the contractors registered as per Rule 18 of 1984 Rules only. Relevant portion of the order dated 17.3.2020 passed in the aforesaid judgment reads as under:- "Heard learned counsels and examined the entire scheme of the Rules of 1984. Exercising powers under sub-section (I) of Section 237 of the Uttar Pradesh Kshettra Samitis and Zila Parishad's Act, 1961, the Governor of Uttar Pradesh enacted the Rules to prescribe a complete process to initiate, allocate and accomplish the works related to district panchayats. The Rule 2 of the Rules prescribes the definition of "Abhiyanta" and "Mukhya Adhikari". As per clause (iii) of Rule 2 other terms used but not defined in the Rules shall have the meaning assigned to them in Rule 2 of the Uttar Pradesh Zila Parishad's and Kshettra Samitis (Budget and General Accounts) Rules, 1965. Rule 18 of the Rules pertains to registration of approved contractors. For ready reference, Rule 18 is quoted below:- "18. Register of approved contractors. - A register of approved contractors shall be maintained in Form No.W-1 in the office of the Parishad or Kshettra Samiti. Contractors shall be approved by inviting applications through advertisement in the local newspapers and after verifying the anticidents of the applicants and obtaining the approval of the Sarvajanik Nirman Samiti or Karya Karini, as the case may be. Every contractor approved for execution of the works of a Parishad or a Kshettra Samiti shall be required to deposit a sum of Rs.100 as Registration fee before his name is brought on the register of approved contractors. Rule 19 of the Rules of 1984 provides a procedure for inviting tenders relating to execution of a work of district panchayat. The Rule 19 aforesaid reads as follows:- "19. Inviting of tenders. - No contract for the execution of a work estimated to cost more than Rs.5,000/- shall be given until sealed tenders for the tract, accompanied by earnest money to the amount fixed by proper authority, have been invited by public notice, which should be published by insertion in one or more local newspapers as the Mukhya Adhikari or Khand Vikas Adhikari, as the case may be, thinks fit and by pasting copies thereof at conspicuous places at the office of the Parishad or Kshettra Samiti, the Collector's Office, the court of the District Judge, or the court of every Additional District Judge, and Munsif whether the court of district is not situate, the headquarter of every tehsil, local offices of the Public Works Department (B and R), Irrigation Department and Local Self-Government Engineering Department. (Emphasis is given by us) Rule 21 of the Rules of 1984 pertains to public notice and procedure relating to tenders. For executing Rule 21, Form W-2 is provided in the Rules and recitals of that pertains to "contractors" and not to the "approved contractors".
(2.) It would also be appropriate to state that in entire Rules no provision is made to disclose eligibilities or ineligibilities for contractors.
(3.) In Ashok Kumar Singh and others (supra) a Division Bench of this Court by relying upon the language of Rule 18 arrived at the conclusion that the work pertaining to district panchayats is available only to the approved contractors and not to the contractors of other departments.;