JUDGEMENT
AMRESHWAR PRATAP SAHI,ATTAU RAHMAN MASOODI, JJ. -
(1.) These two writ petitions have been filed relating to the supply of textbooks to be distributed free of cost to the students of Basic Schools (Class I to VIII) recognized by the Basic Education Department, State of U.P. and aided by the Government. The supply is under a National Policy for which the State Government has to take a decision for every educational session and in order to ensure such supply and the award of contract for the same, the State Government has been laying down the policy of the quality of the paper to be utilized for the cover pages and the internal pages for printing of such textbooks. This petition is only in respect of the use of the quality of paper for printing the internal pages.
(2.) The challenge is to the alteration in the said policy for the current year supply of textbooks in 2016 -17 under the Government Order dated 17.2.2016 and the consequential tender notice together with the proceedings that have been undertaken therein dated 17.4.2016.
(3.) The policy dated 17.2.2016 has been prayed for being quashed in Writ Petition No.5443 (MB) of 2016 and the same policy has been challenged by way of an amendment in Writ Petition No.8499 (MB) of 2016, which in addition has also challenged the tender notice dated 17.4.2016. Both these writ petitions, even though filed by two separate petitioners, the former being a manufacturer and supplier of eco -friendly paper and the latter by two printers and publishers of the textbooks claiming themselves to be entitled to participate in the tender bid, have therefore been heard together.;
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