ASHOK BHUSHAN,J. - (1.) HEARD Sri S.P. Pandey, learned counsel for the petitioners and Sri S.C. Chaturvedi, Additional Advocate General assisted by Sri Satyendra Nath Srivastava, learned Standing Counsel for the respondents.
(2.) BY this writ petition, the petitioners have prayed for a writ of certiorari quashing the Government order dated 30th June, 2009 by which Government order 20% reservation for scheduled caste and 2% reservation for scheduled tribe have been provided in the contract awarded by the Government, Corporation, Development Authority and Local Bodies value of which contract is up to Rs.5,00,000/-. The petitioner No.1 is a society registered under the the Societies Registration Act, 1860 constituted to look after the welfare of the contractors of the Public Works Department, who are its members. Petitioner No.2 is a registered contractor in Public Works Department, Gorakhpur. The petitioners have challenged the above mentioned Government order dated 20th June, 2009 on the ground of violation of rights guaranteed under Article 19(1)(g) of the Constitution of India. The petitioners have further stated that representation has also been submitted to the Government for recall of the Government order.
(3.) SRI S.P. Pandey, learned counsel for the petitioners, challenging the Government order dated 30th June, 2009 has raised following submissions:- (i) The impugned Government order is violative to constitutional guarantee provided under Article 19(1)(g) of the Constitution of India inasmuch as the impugned Government order imposes restrictions on fundamental rights of the petitioners and other identically situated registered contractors on their carrying on profession to obtain and execute government contracts. (ii) The restrictions sought to be imposed through the impugned order is beyond the scope and ambit of clause 6 of Article 19 of the Constitution of India, wherein permissible limit to impose restrictions on fundamental rights given in Article 19(1)(g) of the Constitution of India has been specified. (iii) The impugned Government order is not a ''Law' but an executive order and even if State proceeds to impose restriction on fundamental rights, it can be imposed only by legislation and not by an executive orders. (iv) The impugned Government order creates a monopoly in favour of a category of persons in getting government contracts without proper competition, which is impermissible. ;