Satyabrata Sinha, J. - (1.) The writ petitioners are the appellants. They are the enlisted Contractors of Public Works Department and Public Works (Roads) Department. They filed a writ application questioning a policy decision purported to be based on the circulars dated 4.9.74, 10.1.75 and 28.4.87 as amended by the circular letter dated 6.8.93.
(2.) The factual matrix leading to the dispute is:- The matter relating to grant of contract by the Public Works Department and Public Works (Roads) Department are governed by Rules framed for the said purpose commonly known as Public Works Departments Code, 1961. Admittedly with a view to grant certain incentives to the Co-operative Societies formed by the unemployed Engineers/Diploma Holders as also the Enlisted Contractors in deviation of the said Rules, some circulars as noticed hereinbefore, have been issued.
(3.) Rule 218 of the said Code enables the appropriate authority in public interest to bifurcate the contracts. However, as indicated hereinbefore, with a view to grant certain benefits to the Co-operative Societies formed by the unemployed Engineers or Diploma Holders, some circular letters had been issued. The first of such circular letter bearing No. 4810-A dated 4.9.74. The subject matter of the said circular is reservation of every fifth work in respect of original and special repair works relating to roads and buildings costing upto Rs. 70,000/- for allotment to the registered Co- operative Societies formed by Unemployed Engineers and Diploma Holders. The decision in. this behalf taken by the appropriate authority is:- (i) Every 5th work in respect of original and special repair works relating to roads and buildings costing up to Rs. 70,000/- (i.e. 20% of such works costing upto Rs. 70,000/-) pertaining to a P.W.D. Division/and or a P.W.D. Circle should be kept reserved for allotment only to the registered co-operative societies formed by unemployed Engineers and Diploma holders on the basis of competitive tenders. The benefits and concessions with regard to exemption from payment of initial earnest money and grant of advances against work orders as stipulated in C.O. No. 3618(2)-A dated 2.4.73 will, however, remain unaltered and will be admissible in respect of the aforesaid reserved works. Since the registered Co-operative societies formed by unemployed Engineers and Diploma holders will compete amongst themselves the question of weightage up to 15% shall not arise. (ii) The remaining works (i.e. 80% of the aforesaid works) should be treated as unreserved works for which the unemployed Engineers' Co-operative will be permitted to submit tenders along with other enlisted contractors of the Deptt. but in such cases these societies will not be entitled to any special concessions as admissible as per G.O. No. 3618 (2)-A dated 2.4.73 read with C.O. No. 2187 (2)-A dated 1.4.74. ;